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Employer not liable to pay compensation where notice of injury is not provided as soon as practicable
September 12, 2024
Bith and Telstra Corporation Limited (Compensation) [2023] AATA 3612. Key Points: The Tribunal was required to consider whether Mr Bith provided notice of injury as soon as practicable after he became aware of the injury. If Mr Bith suffered an injury, did his employment with Telstra contribute to or aggravate his condition to a […]
No confidentiality order or leave to rely on surveillance evidence granted in favour of a “cards on the table” approach
September 12, 2024
King and K & S Freighters Pty Limited (Compensation) [2024] AATA 244. Key Points: The Tribunal was asked to consider making a confidentiality order over and granting leave to rely on surveillance footage and associated materials (surveillance evidence). The Tribunal decided not to grant the requested confidentiality order over the surveillance evidence based on […]
Abuse of process crystallised after claiming for an injury which had been settled
September 12, 2024
Britton and Comcare [2023] AATA 3505. Key Points: The Tribunal was asked to consider whether the applicant’s application for review ought to be dismissed for abuse of process. The Tribunal found that the applicant had agreed to settle a claim which found that Comcare was not liable for the applicant’s injury and the applicant […]
‘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 […]