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An identifiable physiological change is not necessary for there to be an “ailment”
July 19, 2022
Wuth and Comcare [2022] FCAFC 42. Key Points: Ms Wuth appealed a decision of the Tribunal, which found than she had not suffered an injury within the meaning of the SRC Act because there had been no identifiable physiological change evident. The Full Court of the Federal Court stated that it was unnecessary […]
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 […]
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 […]
AFP Officer’s appeal dismissed – Full Federal Court upholds reliance on section 53
November 29, 2021
Leach v Comcare [2021] FCAFC 134. Key Points: The Full Federal Court was asked to decide whether the Federal Court and the Tribunal had erred in finding that Mr Leach had failed to provide notice of his injury as soon as practicable after he became aware of it. The Full Court dismissed the appeal. […]
Full Federal Court confirms compensation not payable where causal nexus between injury and employment no longer exists
September 30, 2021
Woodhouse v Comcare [2021] FCAFC 95. Key Points: The Full Federal Court was asked to decide whether the Tribunal had erred in deciding that Ms Woodhouse’s psychological condition could no longer be said to be contributed to, to a material, degree, by her employment. The Full Court dismissed each of Ms Woodhouse’s grounds of […]
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 […]
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 […]