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Well, I Have Good Days and I Have Bad Days . . . You Just Caught Me On a Good Day . . .  



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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