Description
the reclaimer had been employed by the respondents since 1991. Around 2000 she developed carpal tunnel syndrome in her left wrist which, she claimed, was aggravated by her working conditions. She sought damages for personal injury from the respondents. The Lord Ordinary assoilzied the respondents having held that the aggrvation of the symptopms was short lived. The claim had proceeded upon both common law and upon an alleged breach of statutory duty under Regulation 4 of the Manual Handling Operations Regulations 1992. Before the Lord Ordinary her claim, based at common law, was abandoned. The Lord Ordinary held that her case under the Regulations was not established. Against the decree of absolvitor consequentially pronounced the reclaiming motion here was taken. Here the court considered whether the Lord Ordinary was entitled to conclude that the operation on which the reclaimer was engaged was not a "manual handling operation" within the meaning of the Regulations.
