Carpenter -v- Kohler Mira Ltd
| Claimant | Mrs Sarah Louise Carpenter | ||||
|---|---|---|---|---|---|
| Job title | (SOC 2000: 813) | ||||
| Task description | Lifting the sliding door on a piece of equipment about 12" to about shoulder height, about once every two minutes, for about half of the working day, that required a force of about 2.4kg. | ||||
| Injury | Aggravation of degenerative arthritis in left acromioclavicular joint | ||||
| Defendant(s) | Kohler Mira Ltd (SIC 2007: C28) | ||||
| Court(s) | Bristol County | ||||
| Case No. | 8GL01123 | ||||
| Date | 7 Aug 2009 | ||||
| Judge(s) | Mr Recorder Hall | ||||
| For Claimant | |||||
| All Claimants | Mrs Sarah Louise Carpenter | ||||
| Solicitor | Augustines Injury Law | ||||
| Counsel | Mr Robert Hunter | ||||
| Non-Medical expert(s) | Dr Celine McKeown (Ergonomics) | ||||
| Medical expert(s) | |||||
| For Defendant | |||||
| Solicitor | Weightmans (LE1 6LP) | ||||
| Counsel | Mr Stephen Campbell | ||||
| Non-Medical expert(s) | Mr Steve Mason (Ergonomics) | ||||
| Medical expert(s) | Dr Gidding (subsequently Single Joint Expert) | ||||
| Outcome | |||||
| Judgment for: | Defendant | ||||
| Injury found: | No | ||||
| 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 | |||||
| In this County Court Judgment on the 7th August 2009, at paragraph 10, Mr Recorder Hall states: What I propose to do for the purposes of this judgment is, perhaps unusually, to start by dealing with the argument on behalf of the claimant that there was a breach of statutory duties, because the argument put forward on behalf of the claimant is that it is accepted the Manual Handling Operation Regulations of 1992 were not applicable because the load was not a discrete movable object, and reliance is placed on the Work Equipment Regulations of 1998 and the enabling and overarching regulations issued out by the European Commission, namely the Work Equipment Directive 89/655, and reference in that respect is also made to the Framework Directive of 89/391. A considerable part of the Judgment explores the duty imposed by regulation 4 of the Provision and Use of Work Equipment Regulations. Paradoxically, there are also references in the Judgment to the risk filter in the HSE's guidance on the Manual Handling Operations Regulations. V1.01 | |||||
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Click below for other cases in similar categories
Arthritic Shoulder Joint | Operating equipment/machine/controls | SOC Major Group 8 | SIC Major Classification C
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Last updated: 16/04/2010