A 39-year-old former machine operator who was constrained to quit her job because of a repetitive strain injury that was work-related, was awarded €19,306 in compensation by a court today.
Charmaine Baldacchino Said was only 33 years old when in 2010 she was forced to resign from her job with Dedicated Micros (Malta) Ltd following 14 years of service.
The court heard how in 2008 the woman began to complain of a persistent pain in her right hand, which orthopaedic specialists diagnosed as being 'recurrent lateral epicondylitis', a condition typically associated with the repeated use of power machinery.
Following this diagnosis, the company doctor advised Ms Baldacchino Said to report sick. After a month on sick leave, the woman returned to work and was assigned different duties, the court was informed.
However, a year later in 2009, the women was once again instructed to work on the power drill. This, the court noted, left her with no option but to report sick once again since the pain in her hand was unbearable, even depriving her of her sleep.
Since the company informed the woman that there was no other suitable work available, she was forced to take sick leave without pay.
Eventually in March 2010, Ms Baldacchino Said was left with little option but to give up her job.
In court Dedicated Micros (Malta) Ltd argued that the power drive complained of had special safety features to reduce the incidence of injuries. Moreover, the company alleged that Ms Baldacchino Said had been advised to adopt safer work practices.
The court, presided by Mr Justice Silvio Meli, observed that the applicant 's family doctor, the orthopaedic consultant as well as the doctor from the Health and Safety Authority had diagnosed the woman as suffering from 'arm vibration syndrome' a repetitive strain injury linked directly to the use of the power drill.
The court also noted that, ignoring the advice of the Occupational Health and Safety Authority, the company had persisted in adopting bad work practices, including the prolonged use of power machinery during 4-8 hour shifts.
Bearing in mind that the applicant was just 33 years old and burdened with a 5% permanent disability when forced to quit her job, the court upheld her claim for compensation. It ordered the company to pay €19,306 by way of wages and bonuses due to its former employee.