The National Industrial Court in Lagos has ordered the Nigerian Bottling Company (NBC) Limited to foot the medical bills of its Syrup Process Technician, Abifarin Elijah, who sustained a life-threatening spinal cord injury on duty.
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Justice Nelson Ogbuanya held that the order was necessary to ensure that Mr. Elijah’s health condition does not deteriorate due to lack of adequate medical attention, pending resolution of the substantive suit, NICN/LA/329/2020.
The judge made the ruling on September 25, following the claimant’s Motion on Notice filed September 16, through his lead counsel, Olusola Jegede.
Elijah averred that while on duty on May 16, 2020, he was asked to carry a heavy object that posed a health hazard to him and, in the process, he incurred an injury that affected his spinal cord.
After series of tests at the hospitals he was referred to by his employer, it was discovered that he had suffered a lumbar injury of the spinal cord, requiring major medical treatment by surgery.
He averred that the defendant informed him through the hospitals that it could not continue to take care of his medical bill. The company later instructed the two hospitals (Subol Hospital and Holy Trinity Hospital) to discontinue treatment as Elijah was no longer covered by the company’s medical policy, and the hospitals stopped his treatment.
Elijah told the judge that he resorted to personal funding of the treatment with support of family and friends, and being his family’s breadwinner, he was finding it difficult to cope, and his life was endangered thereby.
He said he currently uses a lumbar support and cannot sit, stand or walk for long.
He prayed for the following reliefs: “An order directing the NBC to pay to him the cost of treatment for the surgery to be carried out on the Claimant by a Neurosurgeon in Dubai, United Arab Emirates (UAE), of a minimum of $7,500 pending the determination of the substantive suit;
“An Order directing the Defendant to pay to the Claimant the sum of $48,455, being the estimated cost required to fly the Claimant from Nigeria to Dubai, accommodate him there and perform other ancillary services and treatment pending the determination of the substantive suit.”
The Nigerian Bottling Company neither entered a defence, nor offered an excuse for its absence, despite evidence of service of Hearing Notice.
Upholding the prayer, Justice Ogbuanya held: “In the circumstance, this Application succeeds, to the extent that an Interlocutory Mandatory Injunction is hereby granted, to the effect that the Defendant/Respondent is hereby ordered to take full responsibility of the medical treatment of the Claimant/Applicant, and ensure that his health condition does not deteriorate due to lack of adequate medical attention over his life-threatening severe spinal cord injury sustained while undertaking the assigned job by the Defendant/Respondent at its workplace, pending the hearing and determination of the substantive suit herein, which is set down for accelerated hearing.
“The enrolled order shall be served on any Principal Officer/Management of the Defendant Company, for compliance. I so order and direct.”
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