This case summary was published with kind permission of Lawtel (www.lawtel.com). Lawtel subscribers can access the full report at www.lawtel.com or for a free trial of the service click here.

The claimant, a man, was awarded £11,737.16 for the repetitive strain injury sustained during the course of his employment between 1995 and 1997. The claimant suffered from epicondylitis and was unable to continue in employment with the defendant.

Employers’ Liability: Between 1992 and 1996, the claimant was employed by the defendant. From June 1995, the claimant worked as a mechanical wood sander operator, sanding down door jambs. He was required to fill any knots in the wood with a filler leaving a slight mound and subsequently sand them down using a hand held compressed air orbital sander. It took considerable and continuous pressure to press down on the sander to smooth off the filler.

The claimant sustained injury and brought an action against the defendant alleging that it was negligent in its health and safety duties and/or in breach of its statutory duty in failing to operate a safe system of working.

Liability disputed. The defendant submitted that the operation was a light sanding operation which would not carry any foreseeable risk of injury

At trial, the judge found that: (i) the claimant suffered from tennis elbow; (ii) the work carried out for the defendants caused the injury; and (iii) in all the circumstances, the injury was foreseeable by the defendants.

Injuries:

The claimant suffered from epicondylitis during the course of his employment.

The claimant experienced pain in his left elbow within a month of starting this job in 1995. He took a week's holiday and noticed that the pain had eased but began again on resumption of work. As a consequence of his injuries, the claimant stopped working in 2001.

Prognosis: The claimant's symptoms were ongoing.

Court Award: £11,737.16 total damages.