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Continued Reasonable Medical treatment
April 10, 2025
Rope and Comcare [2023] AATA 3005. Key Points: Ms Eleanor Rope sought compensation for three claims: reimbursement for a philosophy textbook, approval of attendance at the University of the Third Age (U3A), and approval for further psychological treatment. Comcare initially rejected all three claims, leading to the appeal before the Administrative Appeals Tribunal (the […]
Exaggeration or Injury? A Case of Credibility and Medical Gaps
April 10, 2025
Quirk and Comcare (Compensation) [2024] AATA 3621. Key Points: The applicant filed multiple claims for injuries related to her right arm, with Comcare denying present liability for the first injury, and liability for the second and third injuries as well as a permanent impairment claim. The Tribunal found that the second and third injuries were […]
Affirming the threshold of reasonable administrative action
December 10, 2024
NJCX (Compensation) [2024] AATA 6640 Key Points: The Tribunal was asked to review the claim for a psychological injury sustained during a employment probation period. The Tribunal reviewed the claim under the Safety Rehabilitation and Compensation Act 1988 (SRC Act) and the key questions were: Whether NJCX’s (the applicant) employment significantly contributed to her psychological condition, […]
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 […]
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 […]
You don’t always have to put in a fresh claim, according to the Federal Court
July 19, 2022
Ellison and Comcare [2022] FCA 95. Key Points: The Federal Court was asked to decide whether the Administrative Appeals Tribunal had erred in finding that it had no jurisdiction to consider a claim for workers’ compensation for Mr Ellison’s underlying degenerative disease of the spine. The Federal Court found there had been an error […]
Symptoms of anxiety and stress do not amount to a psychological condition
March 17, 2022
Fittock and Comcare [2022] AATA 72. Key Points: The Tribunal was asked to make a decision about liability on a claim for an aggravation of a psychological condition suffered by an employee of Services Australia. The employee claimed she experienced stress and anxiety as a result of the conduct of her team leader, after […]
Tribunal finds a fall in the course of employment did not cause or aggravate a rotator cuff injury
September 7, 2021
Dzajkoska and Comcare (Compensation) [2021] AATA 2035. Key Points The Tribunal was asked to determine liability for a shoulder injury suffered when an Administration Officer fell over in a carpark at Sydney Airport. The Tribunal found that the employee’s shoulder injury was pre-existing and was not aggravated by the fall. The Tribunal found in […]
Tribunal finds Youth Worker suffered lower back injury while setting up for Karaoke event
September 7, 2021
FSBS and Australian Capital Territory [2021] AATA 1661. Key Points: The Tribunal was asked to consider liability for a back injury sustained by a Youth Worker while carrying chairs at a school. The Tribunal found that the employee suffered a soft tissue strain injury, as a result of the work incident. The Tribunal set […]
Typing duties did not aggravate carpal tunnel syndrome
June 3, 2021
Cavanagh and Comcare [2021] AATA 499 Key Points: The Tribunal was asked to consider whether a Customer Service Officer’s pre-existing carpal tunnel syndrome was aggravated by typing duties. The Tribunal found that while the employee may have experienced an increase in her symptoms, there was inadequate evidence to suggest that the employment duties caused […]