Mountenay (Hazzard) and Others v Bernard Matthews PLC

(1994) 5 Med LR 293

COUNTY COURT

and Honour Judge MELLOR

Occupational health - Personal Injury - Employer's liability -Repetitive Strain Injury (RSI) - Medical controversy as to whether RSI exists as a non-specific diffuse condition - Medical issue of sensitization - Duty of employee to take reasonable steps to prevent or reduce the incidence of teno-synovitis - Whether breach of that duty sufficient to render employer liable in respect of pain going beyond the aches and pains of a stressful job but falling short of a recognised clinical condition - Duty of employer to warn employees and prospective employees of risk of injury - Duty of employer to educate employees and prospective employees in order that they may make an informed choice as to whether to undertake work that involves a risk - Duty to educate employees in order that they should bring symptoms to the attention of nurses and doctors at the first opportunity - Duty to rotate employees engaged in work involving risk of injury - Duty of employer to introduce employees gently into work involving risk of injury - Breach of duty - Causation