Manure injury claim dismissed in court
A ROAD train driver who claimed he injured his back while loading manure at a feedlot south-west of Toowoomba has had a compensation appeal in the Industrial Court dismissed.
Gregory John Stutz had stated he was injured while using a loader to fill a truck with compost in April, 2012.
An Industrial Court judgment detailed how he was allegedly "thrown forward" and then felt a sharp pain in his lower back when he landed back in his seat.
The counterweight which helped stabilise the loader he was using at the time had broken off beforehand.
Mr Stutz had used the loader previously without receiving an injury, but he did notice some jarring from the loader's movement.
Other witnesses testified when the manure was wet the loader's bucket would have to be shaken slightly to empty it completely.
The man who mainly operated the particular loader Mr Stutz was using said if a full bucket was jerked when it was at its height, the back wheels bounced and caused the driver to "jar a little bit".
But the Queensland Industrial Relations Commissioner was not convinced his injury arose out of an incident while he was working in Mungindi.
The commissioner described Mr Stutz's description of how he was injured as "contradictory" and referred to two people's evidence the injury could not have occurred how Mr Stutz described it.
He also referred to Mr Stutz's decision not to make a complaint and long distance road trips he took straight after the injury.
After the incident Mr Stutz continued working, then drove about 1000km to Moura and returned with a part of the machine.
He was required to drive a truck and a different loader at another work site and a few days later he drove up to seven hours in a small car to reach Maryborough.
While he was there, Mr Stutz rode a motorcycle.
He explained he did not make a complaint to his employer because he was not the type of person he felt comfortable complaining to and he did not want to appear to be a "sook".
- APN NEWSDESK