Murray Goodwin's $5M WorkSafeNB lawsuit dismissed

A New Brunswick man who tried to sue WorkSafeNBfor $5 million over allegednegligence has lost his case, and could end up being ordered to pay costs.

Murray Goodwin, a former tugboat worker, had argued the workers' compensation system failed to give him the proper medical treatment and respect he said he deserved after a workplace accident in 1987.

But Court of Queen's Bench Justice Raymond French dismissed the matter on Thursday, nine months after having reserved decision.

"Mr. Goodwin did not establish many of the material factual allegations on which his claims were based," French stated in the 219-page document.

"The facts that were established did not support his claims," he said.

Goodwin, 75, says it's a disappointing conclusion to what he has described as a decades-long fight.

But hebears no grudge, he said.

"What can I say? At least we get heard in this countryHow can I argue against a system I protected as a veteran?"

The judge did not make any order for costs in his decision.

"But I will do so, should the clerk of the court receive (within 30 days of the date of thisdecision) a request for a hearing on costs fromeither orboth parties, afterreceivingand hearing fresh admissions from the parties that take into account this decision," French said.

Costly legal bills

Goodwin says he has already sold his house to cover an estimated $200,000 in legal bills.

"Let them come," he said.

WorkSafeNB lawyer John Barry had argued Goodwin's case challenged the "fundamental aspects of workers' compensation."

Workers can't sue workers' compensation, Barry had said. Theygive up their common law right to action against employers in exchange for employers paying into the no-fault system that provides benefits to those who get injured, he said.

Goodwin said he had a badfall while working on a tugboat in the Saint John Harbour in 1987 and never worked again.

'Journey of terror'

He arguedWorkSafeNBfailed to appreciate the severity of his injuries and thathe was repeatedly denied treatment and surgery recommended by doctors.

He described dealing with WorkSafeNB as a "journey of terror" and said he was suing for other injured workers who might be poorly treated.

Goodwin's court case dates back to 2009.The trial itself lasted about 22 days.