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John Quigley (AP) v. Hart Builders (Edinburgh) Limited [2006] CSOH 118

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The pursuer whilst working in the course of his employment injured his back whilst helping to lift a portable cement mixer on to the back of a lorry. He was off work for some weeks but eventually returned to work on 23 July 2001, his doctor having certified him as being fit only for light duties. When he attended the defenders' site on that date, he was put to work on the roof of a block of flats. The work involved laying insulation on top of a concrete roof. He did this work for two weeks. Thereafter he was put on other heavy duties, including paving and excavating. Eventually, on about 28 September 2001, he woke up unable to move. In this action he claimed that he has been unable to work since then. The pursuer's proof proceeded under two significant handicaps (1) he could not seek to recover from the defenders in respect of any back pain attributable to the incident of 15 June 001(timebarred) and (2) he had no expert evidence linking his current back pain to the work on which he was engaged between late July and late September 2001.

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