Thickett - v - The Lord Chancellor's Department
| Claimant | Sharon Claire Thickett |
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| Job title | Administrative Officer (SOC 2000: 4150) |
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| Task description | Part typing / part general office duties |
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| Injury | De Quervain's Syndrome of the right hand |
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| Defendant(s) | The Lord Chancellor's Department (SIC 2007: O84.23) |
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| Court(s) | Sheffield County |
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| Case No. | YO 000582 |
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| Date | 11 Oct 2001 |
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| Judge(s) | His Honour Judge Bullimore |
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| All Claimants | Sharon Claire Thickett |
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| Solicitor | Pattinson & Brewer (YO1 1DB) |
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| Counsel | Mr O'Neil |
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| Non-Medical expert(s) | Prof Kim Burton (Ergonomics)
(Single Joint Expert) |
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| Medical expert(s) | Dr Andrew Harvey (Rheumatology) |
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| Solicitor | The Treasury Solicitor |
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| Counsel | Mr James Maxwell-Scottt |
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| Non-Medical expert(s) | Prof Kim Burton (Ergonomics)
(Single Joint Expert) |
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| Medical expert(s) | Mr M Al-Khatib (Orthopaedic Surgery) |
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| Judgment for: | Claimant |
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| Injury found: | Yes |
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| Work related: | Yes |
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| Breach of Statutory Duty: | Not pursued |
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| Defendant negligent: | Yes |
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| General: | £ 5,500.00 |
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| Special: | £ 12,195.00 |
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| Other: | £ 192.50 |
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| TOTAL: | £ 17,887.50 |
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| The Claimant only alleged negligence. There are no references in the Judgment to the Health and Safety (Display Screen Equipment) Regulations or to associated guidance. V1.01 |
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| | | The claimant, a 31-year-old woman was awarded £17,887.50 for the repetitive strain injuries sustained during the course of her employment between 1996 and 1997. The claimant suffered from pain in her right wrist and required tenosynovitis release surgery. | | | | Claimant: Female: Between 26 and 27 years old at date of accident; 31 years old at date of award. | Employers' Liability: Between 1988 and 1997, the claimant was employed by the defendant as an administrative officer. The claimant worked as a family clerk and listing officer and spent approximately 25 per cent of her day typing. However, she worked for concentrated periods and adopted an awkward position whereby her right wrist was unsupported when she typed.
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 failing to: (i) correct the claimant's way of working at the keyboard; and (ii) provide chairs with arm rests.
Liability disputed. The defendants denied breach of duty and causation.
At trial, it was held that the defendants were in breach of duty by failing to correct the way that the claimant was working. | | | | Injuries: | The claimant suffered from repetitive strain injuries during the course of her employment. | | Effects: | The claimant experienced symptoms of pain in her right wrist and forearm.
In 1996, the claimant experienced twinges in her right wrist and by 1997 she was experiencing pins and needles in her hand and forearm. After visiting her GP, the claimant was advised not to type for more than three hours a day and was diagnosed with de Quervain's tenosynovitis.
On 16 March 1997, the claimant underwent an operation for the release of her first and third extensor tendon compartments. During surgery, it was discovered that one of the tendons which operates the movements of her right thumb ran an atypical course.
The claimant returned to part-time work in July 1998, however but her pain symptoms returned when she began full-time employment in September 1998. | | Court Award: £17,887.50 total damages. |
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Last updated: 16/10/2009
