Description
Appeal Allowed in Part in RSI Claim:Allowing her appeal in part, the Court of Appeal held that although the amount of typing that the Claimant was required to do by her employer was not such as to cause a reasonable employer to foresee any risk of personal injury, the reduction that was made when the Defendant became aware of her condition was not sufficient. Although the judge had been entitled to reject the diagnosis of tendosynovitis on the balance of probabilities, he ought to have held that the pain that the Claimant did suffer was aggravated by keyboard work. It could not be said that the Defendant had inadvertently complied with Regulation 4 of the Health and Safety (Display Screen Equipment) Regulations 1992 because the Regulation required it to plan her activities in a particular way.
