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No workers’ compensation for Adelaide NDIA employee who made a willful and false representation
March 11, 2021
WMZC and Comcare [2021] AATA 23. Key Points: The Tribunal was asked to consider liability for an employee’s psychological condition claimed to have been caused by his employment with the NDIA. The Tribunal found the employee’s mental health condition was not due to his employment, because his psychological condition was similar in nature prior […]
NAB call centre off the hook over psychological condition claim
February 10, 2021
Plummer and National Australia Bank Limited [2020] AATA 3759. Key Points: The Tribunal was asked to consider whether a call centre worker suffered a psychological condition as a result of receiving abusive telephone calls. The Tribunal noted that the applicant failed to raise work-related stressors which had allegedly caused his illness, either to his […]
Tribunal overturns liability for shoulder injury in Centrelink worker
February 10, 2021
Zaveczky and Comcare [2020] AATA 4960 Key Points: Ms Zaveczky claimed that using a keyboard and mouse as part of her role at Centrelink caused her to suffer injuries to both upper limbs. The Tribunal found that Ms. Zaveczky’s employment did not contribute to a significant degree to her injury due to a lack […]
No compensation: sailor’s ‘workplace’ hip injury would have happened anywhere
December 14, 2020
Ross and Comcare (Compensation) [2020] AATA 4350. Key Points The Tribunal was asked to decide on liability for a stress fracture of the hip sustained on a Commonwealth Maritime Vessel. The Tribunal highlighted the importance of distinguishing between whether a condition was made worse by work, or whether it simply became worse while the […]
Back claim fails for former pasta maker
November 30, 2020
Hovenden and Comcare [2020] AATA 3695 (21 September 2020). Key Points: The Tribunal was asked to decide whether an employee suffered an exacerbation of his low back condition as a result of his work as a Customer Service Officer for Services Australia. The Tribunal found that flare ups of symptoms did not amount to […]
Should Comcare foot the bill for Hydrotherapy Treatment in France?
July 15, 2020
SRFR and Comcare [2020] AATA 378. Key Points: The Tribunal was asked to decide whether it was reasonable for an employee to obtain hydrotherapy treatment at the Avene Centre in Montpellier, France, to treat dermatological issues. The Tribunal found in favour of Comcare. Background: SRFR suffered from long-term eczema and atopic dermatitis, as […]
A reminder for employers to tread carefully with employees suffering pre-existing psychological conditions
July 15, 2020
Bailey and Comcare (Compensation) [2020] AATA 1244 (8 May 2020). Key points: The Tribunal was asked to decide whether Ms Bailey’s psychological condition was suffered as a result of reasonable administrative action, taken in a reasonable manner, in respect of her employment. The Tribunal found in favour of Ms Bailey. Background: Ms Bailey […]
Assessing psychological conditions – when does the effect of employment stop?
December 18, 2019
Weatherburn v Comcare (Compensation) [2019] AATA 4196. Key Points: The Tribunal was asked to decide whether Miss Weatherburn’s former employment with the Commonwealth Government remained a significant contributing factor to her psychological condition. The Tribunal found in favour of Ms Weatherburn. Background: Miss Weatherburn commenced employment with the (then) Department of Immigration and […]
No diagnosis? No worries: Tribunal accepts claim for symptoms
August 15, 2019
Stefaniak and Comcare [2019] AATA 1866 (12 July 2019). Key Points: Mr Stefaniak submitted a claim for workers’ compensation in respect of lower abdomen and groin pain. Despite no concrete diagnosis of his condition, the Tribunal found in favour of the employee. Background: Mr Stefaniak was a professional sprinter who trained with the […]
Can light work duties cause carpal tunnel syndrome?
March 26, 2018
Cross and Comcare (Compensation) [2018] AATA 52 (22 January 2018) Key Points The Tribunal was required to consider whether there was any liability to pay compensation in respect of bilateral carpal tunnel syndrome caused by work at Centrelink. The Tribunal found in favour of the employer that there was no liability to pay such compensation, […]