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‘Stress’ is not a psychological injury

March 11, 2024

Griffin and K & S Freighters Pty Ltd (Compensation) [2023] AATA 535   Key Points The AAT was asked to determine whether the respondent was liable for Mr Griffin’s (the applicant) ‘stress’ arising from a series of events including being the subject of a claimed false sexual harassment allegation from a co-worker. Although the events […]

Chronic pain condition arising from a previously accepted injury is found to be not compensable

March 11, 2024

Keceski and Comcare [2023] AATA 1265   Key Points In 2014, Ms Keceski claimed compensation in relation to an arm injury arising from computer use. Liability was accepted by Comcare but Ms Keceski’s entitlements to incapacity payments and medical treatment were ceased in 2020. In the same year, she claimed compensation in relation to a […]

Tribunal Declines Liability for both Husband and Wife’s Claims due to Reasonable Administrative Action Exclusion

February 14, 2024

Messenger and Comcare (Compensation) [2023] AATA 2407 The Tribunal was asked to consider claims for compensation made by a husband and wife for psychological conditions arising as result of their employment in the office of Senator Jacqui Lambie. The Tribunal found that neither Mr nor Mrs Messenger suffered from a psychological condition (in Mrs Messenger’s […]

Slips and Falls and Underlying Degenerative Conditions: a case insight on the limits of liability

February 14, 2024

Singh and Comcare (Compensation) [2023] AATA 720 The Tribunal was asked to consider two related applications relating to injuries sustained from two separate falls and consider whether either of those falls contributed to or aggravated Ms Singh’s pre-existing osteoarthritis condition. The Tribunal found that Ms Singh had been suffering from significant pain as a result […]

WFH set up significantly contributes to right shoulder injury

February 14, 2024

Heldt and Comcare (Compensation) [2023] AATA 534 The Tribunal was asked to consider whether the applicant in this matter suffered an injury as defined by the SRC Act. The matter turned on competing expert evidence regarding causation, and it was found that Mr Heldt suffered from a right shoulder ailment which was significantly contributed to […]

Comcare not liable to pay compensation for medical expenses where injury is not in connection with employment

February 14, 2024

Hewitt and Comcare (Compensation) [2023] AATA 991 Ms Hewitt sought review of a reviewable decision dated 6 January 2020 which affirmed the determination of 17 April 2019, which found that the respondent had no present liability to pay medical expenses under section 16 of the SRC Act.   Key Points The Tribunal was required to […]

Self-insured corporation liable to pay compensation for aggravation of previously accepted injury

May 18, 2023

Higgerson and Prosegur Australia Pty Ltd (Compensation) [2023] AATA 115 Key Points The Tribunal was asked to consider liability for an aggravation of a pre-existing and previously accepted knee injury. The Tribunal was satisfied that the applicant had suffered an injury in the course of his employment and found in favour of the applicant. Background […]

Federal Court upholds no present liability decision for postal workers’ 1993 injury

May 15, 2023

Hickey v Australian Postal Corporation [2023] FCA 57 Key Points The Federal Court was asked to decide whether the Administrative Appeals Tribunal erred in finding that Australia Post had no present liability to pay compensation to Mr Hickey for medical treatment and incapacity for work. The Federal Court dismissed the appeal with costs. Background Mr […]

Psychological condition is not an injury

May 10, 2023

CCTS and Comcare (Compensation) [2023] AATA 60 Key Points The Tribunal was asked to decide whether Comcare was liable for the applicant’s claimed psychological condition. The Tribunal found that the applicant had not suffered an injury for the purposes of section 5A of the SRC Act, and the reviewable decision was affirmed. Background In October […]

Claimed conditions were not contributed to the requisite degree by employment

May 10, 2023

Tipping and Comcare (Compensation) [2023] AATA 457 Key Points The Tribunal was asked to decide whether Mr Tipping suffered an “injury” as defined by the SRC Act. The Tribunal found in favour of Comcare. Background The applicant was employed by the Department of Defence (Defence) between 11 March 2011 and 31 August 2018. On 16 […]