WRULD Claims heard in Courts in England, Scotland and Wales

Hearing(s) - Smith - v - Pinhey & Co

Date Court Claimant(s) Task Injury Judgment for
13 Dec 1996Central London CountySmithDSE use: audio typingTenosynovitis, Myositis, Lateral & Medial Epicondylitis, Carpal Tunnel SyndromePlaintiff

In this case, an audio typist working for an insurance broker sought damages for upper limb injuries which allegedly arose some time after she started using a word processor. The Plaintiff's symptoms are referred to in the Judgment by a plethora of diagnostic labels and terms including RSI or WRULD. However, HH Judge Medawar QC states:

On the evidence, I find that the plaintiff suffered pain going beyond the day-to-day aches and pains which might be felt as a result of working as an audio-typist. .....

On the evidence I have heard in this case it is more probable than not that the plaintiff suffered one or other specific condition identified, the most likely being right medial and lateral epicondylitis and left carpal tunnel syndrome which may have resolved, but the stage now reached leaves her, for all practical purposes, permanently disabled. I am less certain about tenosynovitis and myositis, the probability of which is more questionable on the medical evidence as a whole, but during the history of the plaintiff's symptoms nevertheless more likely than not to have formed some part of her pathology.

HH Judge Medawar QC went on to find that the Plaintiff's injuries were caused by her work and the Defendant's negligence and awarded the Plaintiff total damages of nearly £118,000. Given that this exceeded any previous award, this case might reasonably have been considered newsworthy. However, it does not appear to have received any coverage in the national press.

V2.01


Add a new case report

Last updated: 26/03/2014