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Comcare not liable to pay compensation for medical expenses where injury is not in connection with employment
February 14, 2024
Hewitt and Comcare (Compensation) [2023] AATA 991 Ms Hewitt sought review of a reviewable decision dated 6 January 2020 which affirmed the determination of 17 April 2019, which found that the respondent had no present liability to pay medical expenses under section 16 of the SRC Act. Key Points The Tribunal was required to […]
Federal Court upholds no present liability decision for postal workers’ 1993 injury
May 15, 2023
Hickey v Australian Postal Corporation [2023] FCA 57 Key Points The Federal Court was asked to decide whether the Administrative Appeals Tribunal erred in finding that Australia Post had no present liability to pay compensation to Mr Hickey for medical treatment and incapacity for work. The Federal Court dismissed the appeal with costs. Background Mr […]
Ongoing symptoms were due to old Army injury not compensable condition
March 17, 2022
Di Carlo and Linfox Australia (Operations) Pty Ltd [2021] AATA 5086. Key Points: The Tribunal was asked to consider ongoing liability to pay compensation to a Linfox Australia employee in respect of a left elbow condition. The Tribunal accepted that the employee had suffered a previous left arm injury while serving in the Army […]
Weight loss surgery not related to psychological condition
November 29, 2021
Fittock and Comcare [2021] AATA 3628. Key Points: The Tribunal was asked to consider liability for weight loss surgery obtained by a customer service officer working at Services Australia. The employee claimed that the surgery was necessary to treat her accepted psychological condition. The Tribunal applied Howes v Comcare [2016] FCA 1521 and found […]
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 confirms physiological change necessary for an “Injury” under Comcare scheme
September 30, 2021
QXQH and Comcare [2021] AATA 3036. Key Points: The Tribunal was asked to consider whether an Executive with Services Australia was entitled to further compensation in relation to a shoulder injury suffered in 2015. The Tribunal found that the original injury was a sprain, without physiological change, which did not constitute an “Injury”. The […]
Tribunal affirms decision to cease compensation to Australia Post employee for 1993 work injury
September 17, 2021
Hickey and Australian Postal Corporation [2021] AATA 1521 (20 May 2021). Key Points: The Tribunal was asked to consider ongoing liability to pay compensation to an Australia Post employee in respect of a lower back injury sustained in 1993. Australia Post produced evidence that the worker would have recovered within three months after the […]
Tribunal applies May and finds Armoured Vehicle Driver is no longer entitled to compensation for arm injury
June 22, 2021
Pearson and Prosegur Pty Ltd [2021] AATA 312. Key Points: The Tribunal was asked to decide whether Mr Pearson was entitled to ongoing compensation for incapacity to work and medical treatment expenses, in respect of a soft tissue injury to the left arm. The Tribunal considered the principles in Military Rehabilitation and Compensation Commission […]
Tribunal accepts that ATO employment no longer contributes to mental health problems in worker
March 22, 2021
Karabolovska and Comcare [2020] AATA 5189. Key Points: The Tribunal was asked to consider ongoing liability in respect of a psychological condition, sustained as a result of an abusive phone call from a taxpayer. Medical evidence showed that the employee had significant psychological problems prior to commencing Commonwealth employment. The Tribunal found in favour […]
Aust. Post worker denied third back surgery
October 12, 2020
Wilson and Australian Postal Corporation (Compensation) [2020] AATA 2446. Key Points The Tribunal was asked to consider whether an Australia Post employee was entitled to compensation in respect of a C7/T1 anterior cervical discectomy under section 16 of the SRC Act. The Tribunal found in favour of the Respondent. Background Mr Wilson was […]