JPS says not responsible for broken toe
Dear Claudienne,
In December 2013 I wrote to the President and CEO of the Jamaica Public Service Company (JPSCo) about an injury caused by what appeared to be a JPS grounding rod (guy anchor).The letter I sent to the CEO of the JPS stated the following:“
I write to you after many months about an injury I believe was caused by a smooth piece of metal which I think was left there by the JPS. It is sticking up about two inches out of the ground at the corner of St Lucia Ave and Barbados Avenue right next to a utility pole. Copy of photo of the grounding /earthing rod (guy anchor) is attached.
“On the evening of February 27, 2013 I was walking from my office going over to Knutsford Boulevard when I stubbed my toe on this metal thing sticking up out of the ground. It hurt a lot but it wasn’t cut and I thought it was just a slight sprain. By the following day it was hurting more and swollen, so I went to my doctor at Mannings Hill Medical Centre. He took one look at it and said it was broken and I was to get it x-rayed and come back to him. I was booked to travel to Florida the following morning, Friday March 1, 2013, so that was not an option as I could not get it done that evening. It severely restricted my movements while overseas, as I could only hobble and wear slippers.
“I got the x-rays and returned to my doctor, and a copy of his letter re the injury is attached for your information.
“After these many months I am able to wear a closed-up shoe, but not all day. The area will just hurt for apparently no reason.
“I am seeking compensation for the injury and asking that JPS have the guy anchor completely covered/buried, as my electrical engineering friends tell me it would be more expensive for JPS to dig it up, so it would be best buried.”In January 2014, the JPS responded that they were investigating my complaint.After receiving that letter I was contacted by two representatives of JPS who came to my office separately to interview me and for me to show one of them where the incident had happened. Imagine my surprise when we went to the spot and found that the metal was missing. However, one could see where the earth had been disturbed.I continued to follow up the matter and I eventually received a letter from the JPS in August 2015. The letter advised me as follows:
“Our investigation did not reveal any negligence on the part of JPS or its agents. We have discovered no evidence that the apparatus that allegedly caused your injuries belongs to JPS.
“While we regret the occasion of your injury, the JPS cannot accept liability to pay compensation claimed.”I contacted a lawyer who, having read the letter from the JPS, thought that I had a case. However, I did not have the money to pursue the case.I think the letter from the JPS could have given me a more detailed explanation that would help me to better understand how a guy anchor would have come to be placed at that location.I would appreciate your help in getting clarification from the JPS as to how a guy anchor that was not theirs would have come to be placed at that spot.
DW
Dear DW,
Tell Claudienne has been in communication with the JPS to try to find out why they did not accept liability and pay you compensation. According to the JPS, they are not the only company that utilises guy anchors. The JPS has pointed out that there are other companies that use guy anchors, and any of these companies could have been liable for the injury to your toe.The Director, Corporate Communications JPS has sent us an e-mail which stated:“
I have been advised that this claim was denied by JPS, as there was no evidence that the offending guy anchor was the property of JPS. Please note that telecom operators also utilise guy anchors, based on our joint pole agreement with them.
Thanks and Best Regards.”We hope that this explanation gives you a little more insight into the utilisation of guy anchors.We wish you all the best.
Have a problem with a store, utility or company? Telephone 936-9436 or write to: Tell Claudienne c/o Sunday Finance, Jamaica Observer, 40-42 1/2 Beechwood Avenue, Kingston 5; or e-mail:edwardsc@jamaicaobserver.com. Please include a contact phone number.