Rietzler & Sanderson -v- Hampshire County Council

Claimant Mrs Marie Rietzler
Job title Care Assistant (SOC 2000: 6115)
Task description Dealing with the physical needs of residents in a care home including bathing, bed making, care of personal linen and clothing, processing of soiled linen and emptying and cleaning of commodes
Injury Left Lateral Epicondylitis
Defendant(s) Hampshire County Council (SIC 2007: Q87.30)
Court(s) Winchester County (Heard)
Southampton County (Pleaded)
Case No. 8SO04490 / 9SO00976
Date 6 Jul 2010
Judge(s) His Honour Judge Iain Hughes QC
For Claimant
All Claimants Mrs Marie Rietzler
Mrs Helen Sanderson
Solicitor Lamport Bassitt
Counsel Mr Coleman
Non-Medical expert(s) Mr Graham J Coleman (Ergonomics)
Medical expert(s) Dr Ray Armstrong (Rheumatology)
For Defendant
Solicitor Hampshire County Council Legal
Counsel Mr Angus Piper
Non-Medical expert(s) Mr John E Ridd (Ergonomics)
Medical expert(s) Dr Andrei Calin (Rheumatology)
Outcome
Judgment for: Defendant
Injury found: Yes
Work related: No
Breach of Statutory Duty: No
Defendant negligent: No
Damages
General:
Special:
Other:
TOTAL:
Observations
 
References
 
References to and/or Interpretations of Regulations and HSE Guidance Documents
This County Court Judgment on the 6th July 2010 makes brief reference to the Provision and Use of Work Equipment Regulations 1998 but only to note that the alleged breaches of regulations 4 and 5 were not pursued. There is also a brief reference to the Management of Health and Safety at Work Regulations 1999.

There are references to both versions of HSG60, the HSE's guidance on work related upper limb disorders.

V1.01

Regulations
Management of Health and Safety at Work Regulations 1999
Provision and Use of Work Equipment Regulations 1998
 Regulation 4
 Regulation 5
Guidance
Upper Limb Disorders in the workplace HSG60(rev) 2002
Work Related Upper Limb Disorders: A Guide to Prevention HSG60 1990


Click below for other cases in similar categories
Epicondylitis | Lateral Epicondylitis | Operating equipment/machine/controls | SOC Major Group 6 | SIC Major Classification Q

Amend or add to this case | Add a new case report

Last updated: 29/09/2010