A cafeteria worker was found to be eligible for disability retirement benefits in Hawaii.

The Supreme Court of Hawaii vacated an appellate court’s decision to deny her benefits. They had determined the risks she faced were no different than the risks in most other occupations, but the Supreme Court said the repetitive work performed by her, particularly since she lacked the proper equipment, is not a risk faced by those generally employed.

Debbie Qual worked as an elementary school cafeteria helper for almost twenty years. Her duties involved lifting heavy trap doors, carrying heavy boxes, serving meals and other various food prep duties. She said the school did not have equipment that was not common for other school cafeterias- things like rice cookers, electric can openers and machines for cutting bread and vegetables. She did those things manually which increased the repetitive labor she did.

In 2008 she was evaluated for swollen hands and painful shoulders, allegedly caused by repetitive motions at work. She was diagnosed with several work-related injuries and underwent multiple surgeries on her shoulders, wrists, fingers and thumb. On November 22, 2010 she filed for service-connected disability retirement benefits, alleging that she had been “permanently incapacitated for duty…as the cumulative result” of an occupational hazard.

The Employees Retirement System of Hawaii’s board of trustees denied her claim on the grounds that the working conditions which caused her incapacity did not constitute an “occupational hazard” and that the risks of her job were no different than other occupations. She appealed to the Supreme Court of Hawaii after the Court of Appeals affirmed this decision. She claimed cumulative trauma from her job duties is an occupational hazard, entitling her to service-connected disability retirement benefits.

The state Supreme Court said that while she could not prove her lifting duties were out of the ordinary, the repetitive work performed by her and the lack of proper equipment which led to her serious injuries, is not a risk common to employment in general. She was eligible for service-connected disability retirement benefits.

Read more here.