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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 […]
Tribunal finds significant relationship between lateral epicondylitis and computer use
December 14, 2020
Mansfield and Comcare [2020] AATA 3917. Key Points: Ms Mansfield claimed compensation for an injury to her right arm (right lateral epicondylitis), as a result of using a computer mouse. The Tribunal was asked to decide whether Ms Mansfield’s injury was contributed to, to a significant degree, by her employment. The Tribunal found in […]
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 […]
Tribunal: chemical sensitivity not an ‘injury’ but employee’s claim gets up
October 12, 2020
Flood and Comcare (Compensation) [2020] AATA 2152. Key Points: The Tribunal considered whether a Centrelink employee was entitled to receive ongoing compensation for multiple chemical sensitivity syndrome. The Tribunal found that multiple chemical sensitivity syndrome is not commonly accepted as a medical condition and instead concluded that Ms Flood suffers from a psychological condition. […]
No diagnosis = claim denied
October 12, 2020
Crisp and Comcare [2020] AATA 1122. Key Points: The Tribunal was asked to decide whether Mr Crisp sustained a bilateral wrist injury, as a result of his employment with the Department of Agriculture and Water Resources. The Tribunal concluded that Mr Crisp did not suffer from an ailment and found in favour of Comcare. […]
Inconsistent evidence not fatal to applicant’s claim
September 22, 2020
Chugha and Comcare [2020] AATA 2835. Key Points: The Tribunal was required to consider whether Mr Chugha’s accepted psychiatric condition continued to be significantly contributed to by his employment. The Tribunal found that Mr Chugha’s complaints of severe incapacity did not sit with the factual evidence on file, including social media posts about […]
Bulging disc not caused by Centrelink, AAT finds
September 3, 2020
Hook and Comcare [2020] AATA 1792 (17 June 2020). Key Points: The Tribunal was asked to decide whether an employee sustained a bulging disc in his neck as a result of his employment at a Centrelink call centre. The Tribunal found in favour of Comcare. Background: Mr Nathan Hook was employed by the […]
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 […]
AAT confirms denial of liability for epicondylitis in call centre worker
July 13, 2020
Shirreff and Comcare [2020] AATA 1710 (11 June 2020). Key Points: The Tribunal was asked to decide whether an employee developed epicondylitis as a result of repetitive duties at work. The Tribunal found in favour of Comcare. Background: Ms Jenny Shirreff was employed by the Department of Human Services in Victoria, as a […]