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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, […]
A Crack in the Plaintiff’s Case?
May 24, 2024
McKenzie v Charles Stewart & Company Proprietary Limited (trading as Colac Rental Management) [2024] VCC 429 Introduction Josiah Lee, Senior Associate, and Natasha Fiodoroff, Special Counsel, of HBA Legal acted for the successful second defendant in this matter after a hard-fought hearing over 12 days with two juries discharged. The matter was determined by […]
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 […]
Psychological condition is not an injury
May 10, 2023
CCTS and Comcare (Compensation) [2023] AATA 60 Key Points The Tribunal was asked to decide whether Comcare was liable for the applicant’s claimed psychological condition. The Tribunal found that the applicant had not suffered an injury for the purposes of section 5A of the SRC Act, and the reviewable decision was affirmed. Background In October […]
Claimed conditions were not contributed to the requisite degree by employment
May 10, 2023
Tipping and Comcare (Compensation) [2023] AATA 457 Key Points The Tribunal was asked to decide whether Mr Tipping suffered an “injury” as defined by the SRC Act. The Tribunal found in favour of Comcare. Background The applicant was employed by the Department of Defence (Defence) between 11 March 2011 and 31 August 2018. On 16 […]
Quality proficiency assessment was reasonable administrative action
May 10, 2023
Tierney and Comcare (Compensation) [2023] AATA 674 Key Points The Tribunal was asked to decide whether the applicant’s psychological condition was suffered as a result of reasonable administrative action, taken in a reasonable manner, in respect of his employment. The Tribunal found in favour of Comcare. Background On 9 October 1996, the applicant commenced employment […]
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 lower back injury not caused by prolonged sitting/standing at government department
November 30, 2021
Salehi and Comcare [2021] AATA 3294. Key Points: The Tribunal was asked to determine liability for a lower back injury claimed to have been sustained due to prolonged sitting and standing in the workplace. The Tribunal accepted that the employee suffered from a lower back condition but found no evidence that the condition was […]