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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 psychological conditions – when does the effect of employment stop?
December 18, 2019
Weatherburn v Comcare (Compensation) [2019] AATA 4196. Key Points: The Tribunal was asked to decide whether Miss Weatherburn’s former employment with the Commonwealth Government remained a significant contributing factor to her psychological condition. The Tribunal found in favour of Ms Weatherburn. Background: Miss Weatherburn commenced employment with the (then) Department of Immigration and […]
How long is too long when making a claim under the Safety, Rehabilitation and Compensation Act 1988?
December 18, 2019
Misha Di Carlo-Casablanca and Australian Capital Territory [2019] AATA 4772. Key Points: Ms Di Carlo-Casablanca made a claim for anorexia nervosa eight years after the date of injury. Ms Di Carlo-Casablanca’s claim was excluded pursuant to section 53 of the SRC Act, on the basis that Comcare had suffered prejudice as a result of […]
AAT Confirms Payments Cut Off Due to Pre-existing Mental Health Disorder
December 2, 2019
Oliver v Comcare [2019] AATA 4194. Key Points: The Tribunal was required to consider whether an employee continued to suffer from the effects of her compensable psychological injury. The Tribunal found in favour of the employer. Background: Sharon Oliver (the applicant) commenced employment with the Australian Tax Office (ATO) in 2001. The applicant […]
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. […]
No diagnosis? No worries: Tribunal accepts claim for symptoms
August 15, 2019
Stefaniak and Comcare [2019] AATA 1866 (12 July 2019). Key Points: Mr Stefaniak submitted a claim for workers’ compensation in respect of lower abdomen and groin pain. Despite no concrete diagnosis of his condition, the Tribunal found in favour of the employee. Background: Mr Stefaniak was a professional sprinter who trained with the […]
Tribunal takes strict interpretation of reasonable administrative action
June 27, 2019
Terbizan and Comcare [2018] AATA 3862. Key Points: Mr Terbizan claimed to have sustained a psychological condition, as a result of the decision to cease his temporary role as a fire alarm administrator. As the role was always temporary, and this was communicated to Mr Terbizan as soon as possible, his claim was denied. […]
When it comes to fiction vs reality, it’s perception that counts
March 18, 2019
Davies and John Holland Pty Ltd [2019] AATA 148. Key Points: The Tribunal needed to determine whether a psychological condition had been significantly contributed to by employment. The Tribunal concluded that even though the psychological condition arose from misapprehensions, there was a sufficient connection to actual events in the workplace for the employee to […]
How to stop paying compensation after 33 years
November 15, 2018
Tocade and Comcare [2018] AATA 3863. Key Points: Ms Tocade suffered an aggravation of pre-existing arthritis in the neck at a work function in 1984. Comcare paid compensation for some 33 years before ceasing payments. Background: Ms Tocade was an employee of the Department of Defence. On 6 January 1984, Ms Tocade was attending a […]