Plaintiff’s medical problems were not caused by accident at work

Personal injuries - plaintiff alleges that she developed pain in her neck and upper back while lifting boxes on the 26th January, 2010, while working for the defendant - decision must consider whether this pain was caused as a result of this incident at work and if so, whether this arose from an act or omission of the defendant - plaintiff now suffers from bi-polar disorder and has been hospitalised on two occasions for this condition on both occasion for 3 months - plaintiff has also been diagnosed with ovarian cancer, as well as suffering from a heart complaint - plaintiff’s injuries, based on the report dated 19th May, 2011, of a consultant orthopaedic surgeon, of X-rays of the plaintiff taken on the 19th February, 2010, showed narrowing of C5/C6, C6/C7 and in the dorsal spine and some narrowing of the intervertebral disc spaces in the lower dorsal spine - according to the report, these changes predated the accident - he concludes that these changes would be considered normal for the plaintiff’s age and would not have been caused by the accident - on examination on 17th May, 2011, the plaintiff stated that her spine was pain free and had good movement - plaintiff described the injury in his 2011 report as a soft tissue injury and he concluded that she had made a full recovery and did not recommend any further MRI X-rays - plaintiffs evidence is that she still suffers pain - evidence of the plaintiff was at times inconsistent - plaintiff's GP wrote to the defendant on 22nd March, 2010 stating that the plaintiff had degenerative spinal disease, scoliosis, disc herniation in the cervical and thoracic spine, confirmed by x-rays and MRI scans - no accident report was completed by the plaintiff at the time of the incident or thereafter - claim against defendant dismissed.