Mackay bus driver William John Morris sues former employer over back injury

A regional bus driver has filed an $820k lawsuit against his former employer over a back injury he claims happened on the job. DETAILS.

A bus operator is defending an $820,000 lawsuit from a Mackay driver who claims he seriously injured his back on the job. Photo Contributed

A bus operator is defending an $820,000 lawsuit from a Mackay driver who claims he seriously injured his back on the job.

William John Morris has spent most of his career as a bus driver and planned to work until he was 70 years old.

But the 66 year old has alleged he has since had to stop work and now relies on medication to manage moderate to severe daily back pain.

Mr Morris had worked for bus operator Kinetic Specialised Resources Pty Ltd since about December 2018.

Court documents sighted by the Daily Mercury state on January 28, 2020 he was at the Paget bus depot doing a pre-start check on the coach he was to drive to Grosvenor camp, near Moranbah.

He claims while accessing the storage area, to check the fire extinguisher, he had to hold the luggage compartment door ajar because another coach was parked too close.

He alleged he was holding the door open with his right hand, leant into the compartment and with his left hand moved about five office supply boxes weighing 10 to 15kg to do so.

Mr Morris claims as he did so “he felt a sharp shooting pain in his lower back” and has alleged he now suffered a disc protrusion of his L3/4 and L4/5, and that the range of movement in his lumbar spine is “severely restricted” and will require surgery.

Court documents state he allegedly suffers “moderate to severe” back pain daily, regular episodes of sudden sharp pain and spasms and sciatica, which was aggravated from sitting, stairs, uneven ground, dressing and undressing, domestic chores and shopping.

He also claims he has a “markedly reduced” capacity to engage in recreational activities.

Mr Morris is suing Kinetic Specialised Services for $827,265.63 alleging a breach of duty of care, including claiming the company did not do a risk assessment or place the fire extinguisher at the front of the luggage compartment.

However Kinetic Specialised Services, in a defence filed in Mackay Supreme Court, largely denied the allegations stating the injury was a “pre-existing and symptomatic degenerative condition of the lumbar spine”.

It stated CCTV footage taken on the day indicated an earlier episode of pain or discomfort in his lower back as he was crouched in front of the luggage compartment.

The defence document stated it cannot be seen if Mr Morris was leaning in as his back was to the camera.

The operator also argued it was Mr Morris’s responsibility to request authorisation or help from one of the three managers onsite to have the nearby coach moved.

The defence paperwork has also alleged the boxes would have been empty and weighing less than 1kg.