Armstrong v British Coal Corporation

(1997) 8 Med LR 259

COURT OF APPEAL

Lord Justice NOURSE, Lord Justice JUDGE, and Lord Justice WALLER

Industrial injury — Vibratory White Finger (VWF) — Coal industry — Preliminary issues decided by judge that (1) from January 1, 1973, employers ought to have recognised that work with tools complained of in actions gave rise to foreseeable risk of VWF; (2) employers ought to have recognised that effective precautions to guard against foreseeable risk of VWF could and ought to have been taken in respect of warnings, system and routine examination from January 1, 1975; in respect of rotation of job from January 1, 1976; and in respect of adaptation of tools or eradicating job, after January 1, 1976