Lacey - v - Shropshire Career Service

Claimant Alison Lacey
Job title Typist (part time) (SOC 2000: 4217)
Task description Part-time DSE use: word processing (two days per week)
Injury Described in the Judgment as pain in right hand and wrist, but by Claimant's medical expert as a work related upper limb disorder
Defendant(s) Shropshire Career Service (SIC 2007: N78.10/9)
Court(s) Stoke County
Case No. S0009308
Date 16 Jan 2003
Judge(s) Judge Leonard Krikler
For Claimant
All Claimants Alison Lacey
Solicitor Thompsons (ST1 3TA)
Counsel Mr Mark Radburn
Non-Medical expert(s)
Medical expert(s) Dr Robin C Butler (Rheumatology)
(Single Joint Expert)
Mr I G Bhoora (Orthopaedic Surgery)
For Defendant
Solicitor Beachcroft Wansbroughs (M2 7WA)
Counsel Mr Charles Feeny
Non-Medical expert(s)
Medical expert(s) Mr Michael A Morris (Orthopaedic Surgery)
Dr Robin C Butler (Rheumatology)
(Single Joint Expert)
Outcome
Judgment for: Claimant
Injury found: Yes
Work related: Yes
Breach of Statutory Duty: Yes
Defendant negligent: Yes
Damages
General: £ 7,000.00
Special: £ 3,078.00
Other: £ 2,289.80
TOTAL: £ 12,367.80
Observations
 
References
 
References to and/or Interpretations of Regulations and HSE Guidance Documents
It is clear from this County Court Judgment on the 16th January 2003 that the Defendant were found to be in breach of the Health and Safety (Display Screen Equipment) Regulations. However, it is not clear precisely which regulations the Defendant were found to have breached or precisely how the breaches caused or materially contributed to the Claimant's injury.

There are no references in the Judgment to the HSE's guidance on the Health and Safety (Display Screen Equipment) Regulations or to any other guidance documents.

V1.01

Regulations
Health and Safety (Display Screen Equipment) Regulations 1992
LAWTEL Case report

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The claimant, a woman, was awarded £12,367.80 for the repetitive strain injuries sustained during the course of her employment as a part-time typist between 1997 and 1998. The claimant suffered from pain in her right wrist and hands.
Employers' Liability: Between 1997 to 1998, the claimant was employed by the defendant as a part-time typist working for three full days one week and two full days the next. The claimant worked for long periods carrying out fast, repetitive keyboard work.

The claimant sustained injury and brought an action against the defendant alleging that it was negligent in its health and safety duties and/or in breach of its statutory duty in failing to operate a safe system of working and provide an adequate work station as the chair provided was non-adjustable.

Liability disputed. The defendants submitted that they had told the claimant to slow down and to take breaks. In respect of the work station situation, the defendant argued that they had not received any formal complaint and an adjustable chair had been provided.

At trial, it was held that the defendant was in breach of its statutory duty as the work station was inadequate and there was a causal connection between the unsatisfactory work station and the claimant's symptoms. Furthermore, the defendant's attempt to remedy the workstation deficiencies by providing an adjustable chair occurred after the claimant had suffered the pain.
Injuries:The claimant suffered from a repetitive strain injury during the course of her employment.
Effects:The claimant experienced symptoms of pain in her right wrist from August 1997 which was exacerbated by the amount of work she undertook. The pain decreased when she stopped working and by June 1998, the claimant was unable to carry on working as a typist due to the pain. The claimant also could not continue with her hobbies of playing squash and sewing.
Court Award: £12,367.80 total damages.


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Last updated: 16/10/2009