A 52-year-old former Republic Bank Ltd employee, who developed an incurable respiratory disease after being exposed to paint fumes following renovation works at one of the bank’s two branches in Tunapuna, will now receive a little over $2.5 million in compensation after the bank withdrew its appeal against the payout.
The bank indicated its position on Thursday as the appeal of the case brought by Keith Malchan, of Tunapuna, was due to begin before the Court of Appeal.
In April 2014, High Court Judge Joan Charles ruled that he successfully proved his case against his employer, although medical evidence in the case showed that he was predisposed to the illness.
His lawyer, Larry Lalla, had argued that although his client had a risk of contracting the disease, the bank was still liable, as it was his employer’s negligence that caused Malchan to be exposed to the stimuli which triggered the disease.
Lalla also argued that the bank should be held liable for the discomfort Malchan suffered through contracting the disease, even though it was not possible for the bank’s management to reasonably foresee it as a consequence of its renovation works at the branch.
The disease, Sjogren Syndrome, is a chronic autoimmune condition in which the body’s white blood cells destroy the exocrine glands, which produce saliva and tears. Symptoms include swollen salivary glands, dryness of the eye and mouth, joint pains, persistent dry cough and prolonged fatigue. There is no known cure.
Charles had awarded Malchan $400,000 for his pain, suffering and loss of amenities, $1,275,552 representing his loss of income and an annual profit-sharing benefit and $230,098 for his past and future medical bills.
As it withdrew the appeal, the bank will now have to pay Malchan 12 per cent interest on the sums awarded for the almost two-year period between High Court judgment and the withdrawal of the appeal.
About the case
According to the evidence in his case, Malchan, who has been employed with the bank for more than 30 years, had gone on vacation in August 2006 and when he returned to work at the Tunapuna West branch of the bank in the middle of the month, the building was undergoing renovations.
Malchan claimed that on his first day of work he complained of having headaches and sinus issues because of the strong scent of paint in the building. Despite his complaints, he said, he was instructed that he could only leave work when the bank was closed to customers. Malchan claimed he was forced to work under the conditions at the bank for a week before being offered a transfer to the bank’s other branch in Tunapuna.
His transfer could not be immediately processed because his wife was already employed at that branch and the transfer would be contrary to the bank’s policy on the employment of spouses. Malchan’s claim of being forced to remain under the conditions was opposed by the bank’s representative Hilton Hyland, who claimed that Malchan was allowed to leave work early during that week and he refused and chose to complete his workday.
After completing work that week, Malchan went on sick leave during which time he went to his personal doctors and was diagnosed with the syndrome which left him with an almost 40 per cent permanent-partial disability.
His condition was later confirmed by the company’s doctor, Sonia Roache, which led to his being placed on leave with pay. He has not returned to work since.
In his claim, Malchan claimed that because of the high risk of exacerbating his condition, his mobility and activity level have significantly decreased. “As it is I am unable to take part in normal play with my children or to participate in normal family activities...I oftentimes sit and watch them play, overcome by sadness,” Malchan deposed.
He also claimed that the condition has seriously affected his relationship with his wife. He said: “My disease has affected the activities that I enjoy with my wife, as I can no longer be intimate with her.”
Malchan also claimed he now required life-long treatment of the disease inclusive of doctor visits four times a year, as well as a daily regimen of a plethora of different medications.