Aggravation

Credibility issues and delay scupper claim

January 23, 2018

Eleftheriou and Australian Postal Corporation [2017] AATA 1158 Key Points The Tribunal was required to consider whether Mr Eleftheriou had suffered an ‘injury’ or ‘aggravation of an injury’, and whether his delay in providing notice of the alleged injury (two and a half years) was not ‘as soon as practicable’ and prejudicial to Australia […]

Tribunal sorts out SRC Act aggravation principles

August 29, 2017

Almeida and Australian Postal Corporation [2017] AATA 1001 Key Points Ms Almeida, a Delivery Officer, complained of straining her lower back, right elbow and left knee while sorting some large mail in the course of her employment. The Tribunal found there was only a temporal, and not causal, connection between incident on 9 October 2014 […]

No pain, no gain: Does pain triggered at work give rise to a compensable aggravation of a pre-existing condition?

September 19, 2016

Higgins v Linfox Australia Pty Ltd [2015] AATA 843; Key Points A mere increase in pain does not constitute compensable aggravation under the SRC Act. Background Mr Higgins suffered an injury as a result of a non-work related car accident in 2010. The accident resulted in Mr Higgins suffering a bulging disc in his neck […]

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Credibility issues and delay scupper claim

Tribunal sorts out SRC Act aggravation principles

No pain, no gain: Does pain triggered at work give rise to a compensable aggravation of a pre-existing condition?

Armstrong v Comcare [2014] AATA 658 (10 September 2014)

Davies v Australian Postal Corporation [2014] AATA 578 (20 August 2014)

Talevski and K & S Freighters Pty Ltd [2014] AATA 334 (29 May 2014)

Kaur v Comcare [2014] AATA 127 (10 March 2014)

JQWK v Comcare [2013] AATA 830 (22 November 2013)

Balacki v Comcare [2013] AATA 768 (28 October 2013)

Baird and Comcare [2012] AATA 233 (17 April 2013)