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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 […]
Tribunal: actions to address underperformance were reasonable
November 29, 2021
YYHQ and Comcare [2021] AATA 3809. Key Points: The Tribunal was asked to consider liability for a psychological condition, claimed to have been caused by bullying and harassment at the Department of Home Affairs. The Tribunal found that the psychological condition did not meet the definition of Injury as it was suffered as a […]
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 […]
Tribunal finds ATO Analyst suffered burnout and depression from employment
June 22, 2021
Gibson and Comcare [2021] AATA 1183. Key Points: The Tribunal was asked to consider liability for a psychological condition suffered by an analyst for the Australian Taxation Office. The Tribunal found that the reasonable administrative action exclusion did not apply to this claim, and ultimately concluded that the condition was contributed to, to a […]
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 […]
False perceptions are not considered contributing factors to psychological condition
June 3, 2021
WNBR and Comcare (Compensation) [2021] AATA 32. Key Points: The Tribunal was asked to consider initial liability for a psychological condition. All that is required is that the employee is exposed to some incident, or state of affairs, in the course of the performance of his/her duties and to which he/she would not otherwise […]
Tribunal applies Prain and finds that decade-long depression is not permanent
May 18, 2021
Bell and Comcare [2021] AATA 832. Key Points: The Tribunal was asked to consider whether a former Customer Service Officer with the Department of Human Services was entitled to compensation for permanent impairment and non-economic loss in respect of her psychological condition. The Tribunal considered whether there was any ongoing contribution from the employment. […]
Federal Court: no general responsibility on employers to rehabilitate injured workers
March 22, 2021
Hooley v Comcare [2020] FCA 1880. Key Points: An employee of the CSRIO claimed that its failure to provide a rehabilitation program caused him to suffer ongoing psychological problems. The Federal Court was asked to consider whether an employing agency has a general responsibility or obligation to provide a rehabilitation program to an injured […]
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 […]