A VIRGIN Australia pilot is suing the budget airline...

[munitalP]

A VIRGIN Australia pilot is suing the budget airline for more than $1 million in lost earnings and medical expenses because he had to carry flight charts instead of having them provided digitally on an iPad.

David Linton Kloster, 57, claimed he injured his back lifting his 18kg flight bag which contained aviation charts and manuals, after catching the work shuttle bus on December 29, 2009.

Read more: Information overload - pilot sues Virgin Australia over injury | News.com.au


This will open a can of worms....


munitalP​

 

[QF WP]

Whilst he does have a point, whether the case will fly (pun intended) will be interesting. 18 kg hand luggage - how did he get that through every flight?

 

[nlagalle]

Correct me if I am wrong, but I don't recall charts being available on iPads in 2009! Actually the iPad wasn't released until April 2010!! So i don't know what the pilot expected Virgin to do!

 

[QF WP]

Nice pick up nlagalle. Maybe he thought they should have been an "early adopter" or expected them to have a beta version for testing?

 

[yo yo ma]

I wonder if this pilot used proper manual handling techniques? People are too quick to blame others for their actions these days.

 

[Maca44]

It is also rare that you see a pilot walking through the terminal without having his bags on a small pull trolley. Although I somehow don't blame this jerk for his action, as it is his lawyer who will reap the benefits moreso than the pilot, and it is often the lawyer who pushes the claim for his own financial reasons.

 

[drron]

Seems to be a fatal flaw in his argument nlagalle.I wonder why his lawyers had not picked up that fact and why they have advertised the case?
And one occasion picking up 18kg caused his bad back not the tree lopping he can not do now?
The sooner we get some simple form of compensation for injury and dont have to go through this farce of expensive legal proceedings the better.

 

[medhead]

The iPad angle is nothing but a diversion. The question is what training was provide to pilots on lifting. Was he directed to carry so much. What steps the employer took to prevent injury and to limit the weight required to be carried. Did the employer identify lifting as a risk for pilots. Did workers comp already pay for medical treatment following the injury and it has now been established he can't work anymore. So many questions.


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[djfuzz]

That, and surely whatever can fit on an iPad can fit on a laptop that's not that much heavier.

ISTR jb747 saying that he carried around his laptop on board for some purpose, can't remember if it included flight manuals or the like - but it would certainly be less than 18kg, if that's the thrust of the argument.

 

[Blackadder]

Virgin Pilot sues for damages due to heavy manuals.

Virgin pilot suing airline over heavy bag

 

[Major]

And of course, prior to this incident he would have had no trouble lifting bags of lawn fertiliser, potting mix. mulch etc. Also no problems bending to empty lawn clippings, picking up tree loppings and dozens of other gardening tasks.

 

[medhead]

Well I guess we have the usual selective reading of these things. Just ignore the bit about avoiding the injury by exercise of reasonable care and focus on the non-existent iPad being mentioned as an example.

I guess none of you have ever met someone who has suffered from a back injury. I hope you never do.


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[Mal]

Well I guess we have the usual selective reading of these things. Just ignore the bit about avoiding the injury by exercise of reasonable care and focus on the non-existent iPad being mentioned as an example.

And there is no proof (yet) that Virgin were negligent. I agree that the iPad is a furphy - probably a tag line added by the ever so savvy media.

 

[drron]

Well I guess we have the usual selective reading of these things. Just ignore the bit about avoiding the injury by exercise of reasonable care and focus on the non-existent iPad being mentioned as an example.

I guess none of you have ever met someone who has suffered from a back injury. I hope you never do.


Sent from the Throne (80% chance) using Aust Freq Fly app

Well my MRI shows severe spinal canal stenosis in the lumbar region.But i still pruned the azaleas this week.

 

[djfuzz]

Well I guess we have the usual selective reading of these things. Just ignore the bit about avoiding the injury by exercise of reasonable care and focus on the non-existent iPad being mentioned as an example.

I guess none of you have ever met someone who has suffered from a back injury. I hope you never do.


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Sorry medhead, what you said earlier was far too sensible and professional for any of us to seriously respond to - surely exercising proper precaution when lifting heavy objects in the workplace should be par for the course, so surprising to hear that it's still an issue.

 

[nlagalle]

The iPad angle is nothing but a diversion. The question is what training was provide to pilots on lifting. Was he directed to carry so much. What steps the employer took to prevent injury and to limit the weight required to be carried. Did the employer identify lifting as a risk for pilots. Did workers comp already pay for medical treatment following the injury and it has now been established he can't work anymore. So many questions.


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Then it is a bad diversion from his legal team, considering that technology wasn't available at the time. Also why not mention lack of OH&S training??

So I'll look at another angle.

Including maps DAP's AIP's ERSA etc, I'm wondering how close it is to 18kg. Although only VFR my flight bag was never more than 10kg. I also carried extras that they wouldn't either. They would also carry what I wouldn't too. And how many pilots have you seen walk through the terminal with the square briefcase? I'm betting that is not 18kgs.

Also I work with photographers, they carry far more than a pilot does. They've gone from jackets to backpacks to trolleys and now to think tanks (brand of rollerbag). Most of the time the innovation is by the photographers themselves, not the company as they see it first, the company then will enact on it. So did the pilot ask for something different to carry his manuals in?

 

[UP4014]

It would only be at this situation because the employer wants him off the books, hence terminate him and his response has to be to legal action. Most insurance companies would not entertain the thought of compromise unless pushed by the employer. It's become an adversarial system and this is the result.

It's likely not the workers fault he needs to take legal action, it's the result of poor employer communications with the insurer to reach a compromise agreement.

Or the Virgin and insurance company reject his claim as not work related.

Matt

 

[medhead]

Then it is a bad diversion from his legal team, considering that technology wasn't available at the time.

I couldn't agree more. But then maybe it is one thing out of a "1000" page legal brief that a reporter has picked to highlight and hence sell more papers. The story is online for the state based rags but not on the Oz website. I would guess the story has been written with a particular audience in mind. Hence, there really is no good reason to get excited about it.


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[AVC]

Not to say anything against his back injury, I have met more than plenty in my time, and I have had back injuries myself. Not fun. But par for the course in my professions.

However, this is no different to any other workcover case, just sensationalised a bit. The Act does put some responsibility on the worker, so it could go either way for him.

 

[drron]

I couldn't agree more. But then maybe it is one thing out of a "1000" page legal brief that a reporter has picked to highlight and hence sell more papers. The story is online for the state based rags but not on the Oz website. I would guess the story has been written with a particular audience in mind. Hence, there really is no good reason to get excited about it.


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The fellow lives on the Sunshine coast so it is running in the Courier Mail.Probably explains your particular audience.