Goodwin (now Slevin) - v - Bennetts UK Ltd
| Claimant | Mrs Claudia Ruth Goodwin (now Slevin) |
|---|---|
| Job title | Administrative Officer (Renewal Invite Specialist) (SOC 2000: 4132) |
| Task description | Inviting insurance renewals, making in the region of 10,000 keystrokes per day |
| Injury | Flexor Tenosynovitis of the index fingers and/or thumbs |
| Defendant(s) | Bennetts UK Ltd (SIC 2007: K65.20/2) |
| Court(s) | Southampton County |
| Case No. | 5PO04194 |
| Date | 4 Jan 2008 |
| Judge(s) | His Honour Judge J W Dixon |
| For Claimant | |
| All Claimants | Mrs Claudia Ruth Goodwin (now Slevin) |
| Solicitor | Larcomes LLP (PO2 9DN) |
| Counsel | Mr Martin Porter QC |
| Non-Medical expert(s) | Mr Stirling Hinckley (Ergonomics) |
| Medical expert(s) | Dr Richard G Hull (Rheumatology) |
| For Defendant | |
| Solicitor | Halliwells LLP (M2 2JF) (Case transferred to BLM Jan 2008) Berrymans Lace Mawer (EC2M 5QN) |
| Counsel | Ms Claire Toogood |
| Non-Medical expert(s) | Mr Brian G Pearce (Ergonomics) |
| Medical expert(s) | Mr David Warwick (Hand Surgery) |
| Outcome | |
| Judgment for: | Defendant |
| Injury found: | No |
| Work related: | No |
| Breach of Statutory Duty: | Yes |
| Defendant negligent: | No |
| Damages | |
| General: | |
| Special: | |
| Other: | |
| TOTAL: | |
| Observations | |
| Claimant granted permission to appeal 5/4/2008. | |
| References | |
| References to and/or Interpretations of Regulations and HSE Guidance Documents | |
| As might be expected, given the Claimant alleged her bilateral wrist symptoms arose from using a computer keyboard albeit for an average of only about 1,800 keystrokes per hour, the Judgments in this claim make explicit references to regulations 2, 4, 6 & 7 of the Health and Safety (Display Screen Equipment) Regulations 1992 and an implicit reference to regulation 1. This is one of only a handful of examples of an interpretation of regulation 4 by the Court of Appeal. From a lay perspective, this interpretation of regulation 4 does not appear to be entirely consistent with the HSE's guidance. As is often the case in such Judgments, regulations 6 & 7 are addressed together and not considered separately. There are also brief references to: the Health and Safety at Work etc Act 1974; the Manual Handling Operations Regulations 1992; the Health and Safety (Miscellaneous Amendments) Regulations 2002; the HSE's guidance on the Health and Safety (Display Screen Equipment) Regulations; and the HSE's guidance on WRULDs. In the Judgment at first instance on the 4th January 2008, at A on page 33, HH Judge Dixon states: There was corporate ignorance of published Health and Safety Executive Guidance and of some legal requirements. V2.01 | |
| Regulations | |
| Guidance | |
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Pain | Tenosynovitis | DSE use: | SOC Major Group 4 | SIC Major Classification K
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Last updated: 16/10/2009