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Although not a
workers’ compensation case, 36-year-old Irish lass, Kamila Grabska, has had her
$820,000.00 injury claim dismissed after having a really good day with cameras
present.
It seems Ms. Grabska sued RSA Insurance for damages after the vehicle in which
she was a passenger was rear-ended while she was on her way to work. She
recently told a High Court sitting in Limerick** that the accident left her often
bedridden with constant debilitating cervical, thoracic, and lumbar pain. She
also claimed she was unable to perform household chores or even to play with
her young children.
She further swore in an affidavit that she was unable to work in any capacity
and had past and future lost wages totaling more than $500,000.
In an unfortunate twist of fate for Ms. Grabska, photos recently surfaced
showing her participating in and winning a local Christmas tree throwing
competition, apparently a very popular event in County Clare, Ireland.
Furthermore, the competition took place just two days after she had reported to
a doctor that she was unable even to lift a bag of groceries.
When asked in court why she did not inform her doctors of the Christmas tree
throwing competition, she said she “forgot.”
Some of the other riveting testimony:
Counsel for RSA:
“Did it hurt you to throw the
Christmas tree?”
Grabska: “I had a pain, yeah.”
Counsel: “You had a large smile on your face as
you threw the tree.”
Grabska: “I was smiling but that doesn’t mean I
didn’t have a pain.”
Counsel: “You were also smiling when you received
your prize.”
Grabska: “I can say I was trying to live a normal
life.”
Following review of a photo showing Ms. Grabska’s award winning Christmas tree
toss, described as a “very graphic picture,” as well as video footage of Ms.
Grabska play-wrestling with a “large and strong” Dalmatian for an hour and a
half, Judge Carmel Stewart stated:
“I am afraid I cannot but conclude the claims were entirely exaggerated. On
that basis, I propose to dismiss the claim.”
A spokesperson from RSA Insurance indicated they were “very pleased with the
outcome of the case and it sends out a clear message that we will robustly
challenge any attempt to pursue claims that are not genuine.”
**
Another Limerick:
There was a
young woman from Clare
Whose claim
of bad pain proved unfair
Her suit was
undone
By some
Christmas-time fun
When she
tossed a large tree through the air
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