Tom Pacey

This Practice Note deals with the meaning of chronic pain, the different types of chronic pain, medical evidence, causation issues and quantum aspects and costs. It covers complex regional pain syndrome (CRPS) / reflex sympathetic dystrophy, chronic fatigue syndrome (also known as ME), somatic symptom disorder (somatoform disorder) and fibromyalgia (chronic widespread pain).

This Practice Note deals with symptomology, the date when the employer knew of the risk, limitation, medical evidence and quantum aspects.

This Practice Note deals with the causation issues which commonly occur in hand-arm vibration syndrome (HAVS) claims. Practical guidance on the best approach for dealing with this type of claim is provided including: an overview of the key case law on causation, the importance of photographic evidence, how to describe the claimant's symptoms, apportionment of liability, developments in diagnosis and the interplay with carpal tunnel syndrome.

This Practice Note outlines the key principles of mitigation and reviews the cases which have shaped the courts’ approach to assessing mitigation issues. Pertinent issues such as the private funding of medical treatment rather than NHS treatment are considered together with the consequence of a claimant’s failure to mitigate their loss.

This Practice Note is an introduction to the group of injuries which are caused or aggravated by forceful, repetitive and awkward movements with insufficient rest or recovery time. The disorders, which can be known by many collective terms, are commonly referred to as 'repetitive strain injuries', ‘work-related upper limb disorders’ or ‘musculo-skeletal disorders’. This Practice Note considers the best approach when preparing or defending a claim for these types of injuries.

This Practice Note reviews the statutory regulations which apply to RSI claims. The Practice Note also considers key RSI cases, which mainly focus on whether the claimant's upper limb symptoms are actionable. Finally, the leading case on limitation in RSI claims is considered.