Thomas, Studholme & Rogan -v- Arriva Trains Wales Ltd

Claimant Mr Gary Thomas
Job title Train Driver (SOC 2000: 3514)
Task description Use of hand held traction and brake controls while driving trains
Injury Carpal Tunnel Syndrome, Chronic Compartment Syndrome
Defendant(s) Arriva Trains Wales Ltd (SIC 2007: H49.10)
Court(s) Swansea County
Case No. 7SA01092 / 7SA01932 / 7SA01933
Date 30 Nov 2009
Judge(s) His Honour Judge C Vosper QC
For Claimant
All Claimants Mr Gary Thomas
Mr Paul Studholme
Mr Barry Patrick Rogan
Solicitor Thompsons (SA1 1HY)
Counsel Mr Robert O'Leary
Non-Medical expert(s) Mr Stirling Hinckley (Ergonomics)
Medical expert(s) Dr Michael H Pritchard (Rheumatology)
For Defendant
Solicitor Watmores
Counsel Mr James Pretsell
Non-Medical expert(s) Mr David M Jackson (Engineering)
Medical expert(s) Dr Emlyn Williams (Rheumatology)
Outcome
Judgment for: Claimant
Injury found: Yes (Carpal Tunnel Syndrome): No (Chronic Compartment Syndrome)
Work related: Yes
Breach of Statutory Duty: Yes
Defendant negligent: Yes
Damages
General: £ 8,000.00
Special:
Other:
TOTAL: £ 12,364.23
Observations
 
References
  The full text of this judgment is available free of charge on the BAILII website.
References to and/or Interpretations of Regulations and HSE Guidance Documents
There are references in the Judgment to the Management of Health and Safety at Work Regulations and to the Provision and Use of Work Equipment Regulations. While the Defendant had a statutory duty under regulation 3 of the Management of Health and Safety at Work Regulations to assess the risk to its drivers from the act of driving its trains, which it had failed to do, as originally drafted a breach of regulation 3 did not confer a right of action in civil proceedings, thus these Regulations were not relied upon directly by the Claimants. However, the Defendant was found to be in breach of regulation 4, 8 & 9 of the Provision and Use of Work Equipment Regulations. There are also references in the Judgment to the HSE's guidance on WRULDs.

V1.01

Regulations
Management of Health and Safety at Work Regulations 1999
 Regulation 3
Provision and Use of Work Equipment Regulations 1998
 Regulation 4
 Regulation 8
 Regulation 9
Guidance
Upper Limb Disorders in the workplace HSG60(rev) 2002


Click below for other cases in similar categories
Carpal Tunnel Syndrome | Chronic Compartment Syndrome | Operating equipment/machine/controls | SOC Major Group 3 | SIC Major Classification H

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Last updated: 29/09/2010