Athlete claiming €60,000 damages worked while receiving illness benefit, court hears

Ray Managh

An elite athlete who claimed thousands of euro in illness benefit from the State while leading survival groups on travels “around the world” has lost a €60,000 damages claim against an Irish insurer.

Tomasz Kuczynski, a Polish national, was injured in a rear-ending incident while travelling to Dublin Airport on the first leg of a survival expedition to Siberia, but was pictured on a stop-off in Moscow only hours after the collision.

Part of his €60,000 claim included loss of earnings from his job as a warehouseman, work to which he never returned on the basis of pain from a neck and shoulder injury he sustained in the incident.

Mr Kuczynski (41), of Beechwood Park, Tinahely, Co Wicklow, admitted in cross-examination by defence barrister Shane English that he had travelled to 14 countries in the two years following the October 2017 crash.

He said that while he was unable to return to his warehouse work because of pain, he had led expeditions to Russia, Morocco, France, Norway, Italy, Pakistan and the Phillipines.

He had also regularly visited family in Poland, where he had also received medical treatment, including an MRI scan on his neck.

Mr English, who appeared with Clara Cassidy of Hayes McGrath Solicitors, for Allianz Insurance and its insured motorist James Byrne, told Mr Kuczynski he had never returned or sought to return to his place of work, but had worked instead for Patrol-X Adventure and Training Company while claiming illness benefit from the Irish State.

Defence counsel told Mr Kuczynski his claim was clearly bogus and exaggerated and put it to him that he had made a separate income, which he had declared to nobody, while in receipt of illness benefit totalling more than €8,000.

“You have exaggerated and lied in the course of this case and lied, not only to the court, but to the Department of Social Welfare while you were making a significant income from Patrol-X Adventure,” Mr English said.

Mr Kuczynski had told the court he had received only small payments from Patrol-X.

Judge James McCourt adjourned the hearing twice to allow the parties to consider their position and, following “signals” from the court, Mr Kuczynski’s counsel said his client was withdrawing his claim which was struck out.