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Ex-blue's Compobattle Goes On
The Age
Wednesday March 22, 2006
A THORN in Carlton's side for almost six years, Adrian Whitehead's claim for compensation supposedly was removed two weeks ago.
Carlton president Ian Collins trumpeted as much by declaring Whitehead's campaign over, as if amid the gloom of debts and a horrible pre-season defeat that it was thankfully something for the Blues to be relieved about.Except that it wasn't and isn't. Whitehead, the 1995 premiership player who effectively lost his career to a foot injury two years later, confirmed yesterday that his fight of almost six years continues."We were mystified by what Ian Collins had to say. He said that the club had one less headache because I'd decided not to continue (the compensation bid), but that is totally wrong," Whitehead said."I don't know whether he's been misled or misinformed, but we're waiting for a date for the appeal to be heard. It's full steam ahead. It's far from over."In 2001, two years after retiring at the age of 24, Whitehead lodged a writ in the Supreme Court alleging that an injection administered by Carlton doctor Phillip Perlstein before a round-20 match in 1997 deprived him of the ability to protect his foot during the game and resulted in ruptured tendons, bone fractures and nerve damage, from which he was unable to recover. The writ also claimed that Whitehead, who is now coaching in the Ovens and Murray League with Wodonga Raiders, was not warned that there would be a risk of injury should he play with the soreness in his foot anaesthetised.In July last year, Justice David Byrne of the Supreme Court found that Whitehead was entitled to compensation but not from Carlton, and advised the former player that as a one-time employee of the football club, he should instead pursue a settlement through the Workers' Compensation Act.This finding, which has the potential to allow other former players to lodge claims for injury through the workers' compensation system and, in turn, drive the cost of insurance premiums for AFL clubs and even other professional sporting bodies upwards, was the subject of an appeal by Paul Henderson of Slater and Gordon on behalf of Whitehead late last year. "It's incorrect for Ian Collins to say it is off their books because the case is proceeding," Henderson said. "The appeal hasn't been withdrawn."
© 2006 The Age
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