| Claimant |
Joyce Margaret Wall |
|---|
| Job title |
Secretary / Personal Assistant |
|---|
| Job description |
Display Screen Equipment work in the preparation of building tender submissions. Prolonged continuous use of DSE, no breaks from keyboard work. Audio and copy typing. VDU positioned to left so head turned at about 45 degrees. |
| Injury |
Bilateral Carpal Tunnel Syndrome and Cervical Spondylosis - a 'double-crush' effect |
| Defendant |
Bartlett Construction Group Ltd |
|---|
| Court |
Taunton County |
|---|
| Case No. |
YE801977 |
|---|
| Date |
Nov 2001 |
|---|
| Judge(s) |
Mr Recorder Roger Hetherington |
|---|
|
| All
Claimants |
Joyce Margaret Wall |
|---|
| Solicitor |
Porter Dodson |
|---|
| Counsel |
Mr Bradley Martin |
|---|
| Non-Medical expert(s) |
Mr James Gillam, Engineering |
|---|
| Medical expert(s) |
Mr Pople, Neuro-surgery |
|---|
|
| Solicitor |
Hugh James Ford Simey |
|---|
| Counsel |
Mr Rohan Pershad |
|---|
| Non-Medical expert(s) |
Mr Stephen King, Health & Safety |
|---|
| Medical expert(s) |
Mr Andrei Calin, Rheumatology |
|---|
|
| Judgment for: |
Claimant |
|---|
| Injury found: |
Yes |
|---|
| Work related: |
Yes |
|---|
| Breach of Statutory Duty: |
Yes |
|---|
| Defendant negligent: |
Yes |
|---|
|
| General: |
£14,000.00 |
|---|
| Special: |
£995.00 |
|---|
| Other: |
£25,067.00 |
|---|
| TOTAL: |
£40,062.00 |
|---|
|
| |
Breach of Regulations 4, 6 & 7 of the Health & Safety (Display Screen Equipment) Regulations found.
No breach of Regulation 2(3) of the Health & Safety (Display Screen Equipment) Regulations with respect to screen sited at 45 degrees. |
|---|
|
| |
|
|---|
|
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| The claimant, a 60-year-old woman, was awarded £40,062
for the repetitive strain injuries sustained during the course of her employment
between 1994 and 1996. The claimant suffered from a combination of carpal tunnel
syndrome and cervical spondylosis. |
| |
| Claimant: Female: Between 53 and 55 years old at date of
accident; 60 years old at date of award. |
Employers’ Liability: Between 1994 and 1996, the
claimant was employed by the defendant as a secretary/audio typist. The claimant worked
for long hours spending up to 80 per cent of her time audio typing documents to tight
deadlines without appropriate breaks.
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 by: (i) providing an excessive and pressurised typing workload without
appropriate breaks; and (ii) placing her computer monitor to the left so that she had
to turn her head approximately 45 degrees.
Liability disputed. The defendant
denied breach of duty and causation.
At trial, it was held that the defendant
was in breach of its statutory duty in failing to organise and control the workload and
ensure that breaks were being taken. With regard to the work station situation, the
judge was not persuaded on the medical evidence that the defendant was negligent in
placing the computer monitor on the left of the claimant’s desk. |
| |
| Injuries: |
The claimant suffered from repetitive strain injuries during the
course of her employment. |
| Effects: |
The claimant experienced symptoms of pain in her hands, wrists upper
limbs, shoulder and neck, which gradually appeared from approximately June
1995.
The claimant visited her GP in September 1995 with upper limb symptoms.
The claimant suffered from two clinical conditions, cervical spondylosis and bilateral
carpal tunnel syndrome. The combination of the two produced a "double crush effect"
which handicapped the claimant to the point that she had to give up her typing work by
September 1995.
In November 1996, the claimant underwent an operation to
decompress the carpal tunnel syndrome which was of limited benefit.
Prognosis:
The claimant suffered from ongoing symptoms in her upper limbs and was unable to
continue with any typing work. |
| Court Award: £40,062 total damages. |
|