The claimant appealed against dismissal of her claim for personal injuries. She was employed as a teaching assistant providing support for children with mobility issues. She said that she suffered a soft tissue injury in her cervical spine and in her right, dominant, shoulder as a consequence of pushing one or more students in their wheelchairs, resulting in chronic pain in her shoulder and back which continued down to the trial.
Held: The evidence before the court fully justified the recorder’s conclusion that the school had taken appropriate steps to reduce the risk of injury to the lowest level reasonably practicable and the criticisms referred to above, together with other minor criticisms, do not undermine her conclusion.
Moore-Bick, Ryder LJJ, David Richards J
[2014] EWCA Civ 1063
Bailii
Manual Handling Operations Regulations 1992
England and Wales
Citing:
Cited – Swain v Denso Marston Ltd CA 12-Apr-2000
An injury suffered by the claimant when stripping down part of the conveyor system at his employer’s premises. To replace bearings, he had to remove various components and then the roller itself. Unexpectedly the roller was solid metal, weighing . .
Cited – Ghaith v Indesit Company UK Ltd CA 17-May-2012
The claimant suffered a back injury lifting materials from a van during a stock take.
Held: The court considered the issue of causation under the Regulations. Longmore LJ said: ‘This is not a separate hurdle for the employee, granted that the . .
Lists of cited by and citing cases may be incomplete.
Personal Injury
Updated: 18 December 2021; Ref: scu.535403
