Murray Goodwin's $5M WorkSafeNB lawsuit dismissed
75-year-old former tugboat operator disappointed, could face costs in case that dates back to 2009
A New Brunswick man who tried to sue WorkSafeNB for $5 million over alleged negligence has lost his case, and could end up being ordered to pay costs.
Murray Goodwin, a former tugboat worker, had argued the workers' compensation system failed to give him the proper medical treatment and respect he said he deserved after a workplace accident in 1987.
"Mr. Goodwin did not establish many of the material factual allegations on which his claims were based," French stated in the 219-page document.
"The facts that were established did not support his claims," he said.
Goodwin, 75, says it's a disappointing conclusion to what he has described as a decades-long fight.
But he bears no grudge, he said.
"What can I say? At least we get heard in this country … How can I argue against a system I protected as a veteran?"
The judge did not make any order for costs in his decision.
"But I will do so, should the clerk of the court receive (within 30 days of the date of this decision) a request for a hearing on costs from either or both parties, after receiving and hearing fresh admissions from the parties that take into account this decision," French said.
Costly legal bills
"Let them come," he said.
WorkSafeNB lawyer John Barry had argued Goodwin's case challenged the "fundamental aspects of workers' compensation."
Workers can't sue workers' compensation, Barry had said. They give up their common law right to action against employers in exchange for employers paying into the no-fault system that provides benefits to those who get injured, he said.
Goodwin said he had a bad fall while working on a tugboat in the Saint John Harbour in 1987 and never worked again.
'Journey of terror'
He argued WorkSafeNB failed to appreciate the severity of his injuries and that he was repeatedly denied treatment and surgery recommended by doctors.
He described dealing with WorkSafeNB as a "journey of terror" and said he was suing for other injured workers who might be poorly treated.
Goodwin's court case dates back to 2009. The trial itself lasted about 22 days.