Courts / Dublin / Report
Worker challenges €5k injuries board assessment
Summary
Jacek Dziaczek, a 38‑year‑old former windscreen fitter, brought a High Court challenge against the Personal Injuries Assessment Board's €5,000 award for shoulder injuries sustained in a 2019 workplace accident. He argues the board failed to consider all medical evidence, specifically a third report submitted by his lawyers that contained additional details not present in the two reports the board reviewed. The board had deemed the injury minor and noted substantial recovery within six months to a year. Dziaczek's lawyers claim the board's decision lacks proportionality and does not comply with Personal Injuries Guidelines, and that the board did not provide adequate reasons for its award. He seeks judicial review to quash the award, remand the case for fresh consideration, and declarations that the board improperly exercised its discretion. The case was heard ex‑parte by Mr Justice Charles Meenan, who allowed the challenge to proceed, with a full hearing scheduled for March.
Who, what, where, when and why
What: Report matter: Worker challenges €5k injuries board assessment. Procedural stage: trial
When:
- 21st February 2019 Incident
- 2022-01-24 Publication
Why: The action has been brought by Jacek Dziaczek, who claims the assessment should be set aside because the PIAB did not consider all the medical evidence he submitted regarding his injuries. CNI source report
Case subjects
Applicant
Places mentioned
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