Pickford v ICI Plc

(1997) 8 Med LR 270

COURT OF APPEAL

Lord Justice STUART-SMITH, Lord Justice WAITE, and Lord Justice Swinton THOMAS

Industrial injury — Typist's cramp (PDA4) — Duty of care — Action against employers alleging that plaintiff secretary had contracted PDA4 (typist's cramp) caused by excessive typing for prolonged periods without proper breaks or rest pauses — Whether judge had misdirected himself in saying that onus was upon plaintiff to establish that cramp of hand(s) had an organic cause — Whether judge's finding that plaintiff's condition was psychogenic could be supported — Whether foreseeable that typists might suffer from PDA4 if they typed for prolonged periods without break — Duty to tell plaintiff that she must take breaks and rest pauses; and why that was necessary