Foundry worker found to be honest

A foundry worker who broke his back has been awarded compensation by a judge who believed he had been honest in his claim, despite photographic evidence conflicting with his story.

David Munnoch, who was originally claiming £250,000, was eventually awarded £134,822 in compensation for loss of earnings and pain and suffering.

Mr Munnoch fell ten foot from a platform in Larbert in 2003 while carrying out his job as a metal dresser for Tay-Forth Foundries.

The 43-year-old says he is in chronic pain and has been unable to undertake employment since the accident. He had to wear a spinal brace for four months and needed six months of physiotherapy.

When approached by Mr Munnoch's solicitors Tay-Forth admitted liability, but claimed he was seeking an inordinate amount of compensation.

In court, the foundry produced photographs showing Mr Munnoch helping to build a deck in a friend's garden.

However Lord Kinclaven said he "found the pursuer to be an honest witness".

He concluded: "I also found him to be reliable in relation to most of this evidence.

"There were, however, some discrepancies. The pursuer did not tell the truth in a job application - but I accepted that he did so out of desperation to find a job (and thereby minimise his loss).

"There was also 'surveillance' evidence - but it did not cause me to think that the pursuer was anything other than genuine."

People in Britain and Northern Ireland should always visit a solicitor for advice if they think they might have a work-related injury claim.

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