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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 […]

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 […]

Full Federal Court makes finding on late night out for Telstra worker

June 22, 2021

Dring v Telstra Corporation Limited [2021] FCAFC 50.   Key Points: The Full Federal Court was asked to consider whether a Telstra employee sustained an injury arising out of, or in the course of, her employment. The Full Court considered the principles in Hatzimanolis, PVYW, and Westrupp, and whether there was a sufficient connection between […]

Employee succeeds in claim for netball injury during NAIDOC week

February 10, 2021

Rye and Comcare [2020] AATA 4963.   Key Points: An employee claimed workers’ compensation for an injury to her right knee, sustained as a result of playing netball in a competition arranged as part of NAIDOC Week. The Tribunal was asked to consider whether the injury arose out of, or in the course of, her […]

Telstra win: Fed Court upholds slip & fall decision

July 14, 2020

Dring v Telstra Corporation Limited [2020] FCA 699.   Key Points: The Federal Court was required to consider whether Ms Dring sustained an injury arising out of, or in the course of, her employment with Telstra. The Tribunal found that Ms Dring sustained the injury in an interval of her employment with Telstra and, therefore, […]

Tribunal concludes that Telstra didn’t cause heart attack

April 17, 2020

Faltusz and Telstra Corporation Ltd [2019] AATA 5995.   Key Points: Mr Faltusz claimed workers’ compensation following a heart attack, suffered outside of his workplace, while he was waiting for a bus. The Tribunal found there was no link between Mr Faltusz’s employment and the claimed condition. The Tribunal found in favour of the employer. […]

Inconsistent evidence leads Tribunal to uphold denial of liability

April 16, 2020

Watterson and Visionstream Pty Ltd [2019] AATA 5457.   Key Points: The Tribunal was required to consider whether Mr Watterson had sustained radiation exposure and a psychological injury as a result of his employment with Visionstream. The Tribunal found credibility issues with Mr Watterson’s evidence, and found in favour of the employer.   Background: Mr […]

Assessing hearing loss – when is a claim no longer compensable?

September 19, 2019

Cook and Telstra Corporation Limited [2019] AATA 1511.   Key Points: Mr Cook claimed that he suffered hearing loss as a result of his work at Telstra. The Tribunal was required to consider whether Mr Cook had a further claim for permanent impairment and non-economic loss in relation to the further deterioration in his hearing. […]

Employer liable for Customer Service Officer’s recreational netball injury

March 7, 2019

Rye and Comcare [2018] AATA 4658.   Key Points: The applicant sustained an injury while participating in a netball game. The Tribunal was satisfied that her employer had actively encouraged her to participate in the netball game and, therefore this injury was compensable under the SRC Act.   Background: The applicant was employed by the […]