The appellant worker was employed by the respondent employer between 1998 and 13 December 2006 as a support care worker at residential facilities for disabled persons. Following cessation of her employment, she issued a proceeding against her former employer for damages for alleged negligence and/or by breaches of the Occupational Health and Safety (Manual Handling) Regulations 1999. Her case was that in the course of her employment she had sustained aggravation and acceleration of degenerative back changes particularly at the L2-3, L3-4, L4-5 and L5-S1 levels, and, specifically, by reason of the nature of the duties required of her in the course of her employment between 20 October 1999 (when s 134AB of the Accident Compensation Act 1985 came into operation) and 13 December 2006.