Kirchin - v - Whitbread plc
| Claimant | Maureen Kirchin |
|---|---|
| Job title | Telephonist (SOC 2000: 4141) |
| Task description | Switchboard (VDU based) |
| Injury | Right Lateral Epicondlitis, Cervical Spondylosis |
| Defendant(s) | Whitbread plc (SIC 2007: I) |
| Court(s) | Luton County |
| Case No. | HI901790 |
| Date | 19 Jul 2001 |
| Judge(s) | His Honour Judge Rueff |
| For Claimant | |
| All Claimants | Maureen Kirchin |
| Solicitor | Hawkins Russell Jones (SG5 1AS) |
| Counsel | Mr Ivor Collett |
| Non-Medical expert(s) | Mr Mike C Stearn (Ergonomics) |
| Medical expert(s) | Dr Michael Webley (Rheumatology) |
| For Defendant | |
| Solicitor | Berrymans Lace Mawer (EC2M 5QN) |
| Counsel | Mr David Platt |
| Non-Medical expert(s) | Mr Ian A R Galer (Ergonomics) |
| Medical expert(s) | Dr Paul A Reilly (Rheumatology) |
| Outcome | |
| Judgment for: | Defendant |
| Injury found: | ? |
| Work related: | No |
| Breach of Statutory Duty: | Yes |
| Defendant negligent: | No |
| Damages | |
| General: | |
| Special: | |
| Other: | |
| TOTAL: | |
| Observations | |
| References | |
| References to and/or Interpretations of Regulations and HSE Guidance Documents | |
| The reports of this case suggest the Recorder's findings on the alleged breaches of the Health and Safety (Display Screen Equipment) Regulations were of no significance with respect to either the outcome of the case or the interpretation of the regulations. Evidently, there was found to be a breach of regulation 2, in failing to undertake a timely assessment, but the delay or inaction was found to be not causative of the Claimant's symptoms. A lack of screen swivel and tilt and insufficient space in front of the keyboard were evidently considered "technical breaches" of regulation 3 that had no causative effect. The Defendant was evidently found not to have been in breach of regulations 4, 6 or 7. V1.01 | |
Click below for other cases in similar categories
Cervical Spondylosis | Epicondylitis | Lateral Epicondylitis | Spondylosis | DSE use: | SOC Major Group 4 | SIC Major Classification I
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Last updated: 16/10/2009