The High Court has begun hearing a challenge by a factory worker to the policy of the recently established Personal Injuries Assessment Board (PIAB) to deal directly with clients rather than through solicitors.
The Law Society is a party to the proceedings and is claiming that the issue of whether the injuries assessment board is entitled to disregard written authorisations of applicants to communicate with their solicitors goes to the heart of the solicitor-client relationship and the ability of solicitors to represent their clients.
The challenge to the PIAB policy is brought by Mr Declan O'Brien, Summer Road, Tullamore, Co Offaly.
Mr O'Brien claims his constitutional right to be represented by a solicitor is being breached by the actions of the PIAB in that it is seeking to deal directly with him rather than conduct dealings through his authorised solicitor, Mr Denis Boland, of Newbridge, Co Kildare.
Mr O'Brien, a meat-plant boner, had brought a claim that he sustained injuries as a result of an accident at a factory owned by Galtee Meats Ltd, Kilbeggan, Co Westmeath, on November 5th, 2001.
He was working at the time as a sub-contractor to Ard Meats Ltd, Dundalk, and was boning meat at a table when, he claims, a side of meat which was hanging on an overhead line fell on his back.
Mr Harry Whelehan SC, for Mr O'Brien, told Mr Justice McMenamin yesterday that, as his client returned to work, he found he was only able to produce 75 per cent of his previous output, and his earnings suffered.
On August 12th last he gave his solicitor instructions in relation to his claim, and his solicitor advised that Mr O'Brien would have to apply to the PIAB to initiate proceedings.
There was a more immediate concern then in that the statute of limitations (the legal period permitted for bringing a claim) would have run its course within 12 weeks from when Mr Boland first met Mr O'Brien, Mr Whelehan said.
On August 16th, Mr O'Brien appointed Mr Boland as his solicitor, and Mr Boland telephoned a call centre in Co Cork which was processing claims. The person in the call centre had asked for Mr O'Brien's telephone number.
Within three hours Mr O'Brien was contacted on his mobile phone and was told he did not need a solicitor, and all that was needed was to hand in a medical report to the PIAB.
Mr O'Brien was convinced he was told he did not need a solicitor and was quite resentful that, despite having a solicitor on record, he had been contacted by a woman from the call centre.
Mr Boland went ahead with his consultation with Mr O'Brien and further completed the application which was to be forwarded to the PIAB on behalf of Mr O'Brien.
On August 19th the PIAB wrote directly to Mr O'Brien. Mr Boland then complained that the PIAB was refusing to recognise his authority to make communication with PIAB on behalf of Mr O'Brien.
The hearing continues today.