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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 […]
Tribunal finds applicant exaggerated symptoms
September 22, 2020
Payten and Australian Postal Corporation [2020] AATA 1925. Key Points: Australia Post denied ongoing liability to pay compensation for medical treatment and incapacity to work in respect of Mr Payten’s previously accepted brain injury. Evidence presented to the Tribunal suggested that Mr Payten was exaggerating his ongoing symptoms. The Tribunal did not accept Mr […]
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 […]
No liability to pay for “Ted” (aka psychiatric assistance dog)
September 19, 2019
Brideson by guardian Lynette Brideson and Australian Capital Territory [2019] AATA 2314 (31 July 2019). Key Points: Mr Brideson sought compensation for the training and upkeep of a psychiatric assistance dog. The Tribunal found that the dog did not fit the definitions of medical treatment or an aid or appliance and, therefore, compensation was […]
Gotcha! Surveillance ensures Telstra’s success in migraine claim
June 27, 2019
Cagliostro and Telstra Corporation Limited [2019] AATA 559. Key Points: Ms Cagliostro claimed to suffer ongoing symptoms as a result of an injury to her head and neck from walking in to a door in 2012. The Tribunal was required to consider whether she had an ongoing entitlement to compensation. Background: Ms Cagliostro […]
Passive treatment a limited fix – but is it reasonable?
June 27, 2019
Church and Comcare [2019] AATA 673 (9 April 2019). Key Points: The Tribunal was asked to consider whether chiropractic treatment was reasonable medical treatment to obtain in respect of a low back injury. The Tribunal found in favour of Comcare. Background: Dianne Church submitted a claim for workers’ compensation in relation to a […]
Tribunal flexes its jurisdictional muscle in medical treatment claim
December 10, 2018
Kumatia and Comcare [2018] AATA 1505. Key Points: Comcare argued that a claim for medical treatment, without a substantive claim for compensation, did not confer the Tribunal with jurisdiction to determine liability. The Tribunal determined that claims for medical treatment can form the basis of a claim for compensation where the decision-maker has considered […]
Physiotherapy and massage considered to be “treats”, not treatment – a win for proponents of the limitations of physiotherapy and related treatment
August 10, 2018
Bhat and Comcare [2018] AATA 2094. Key Points: Tribunal was asked to determine ongoing liability and, importantly, whether ongoing physiotherapy treatment was reasonably required to treat chronic back pain Held: ongoing physiotherapy was not reasonable medical treatment and the low back condition no longer resulted in a requirement for medical treatment or caused incapacity […]
Remedial massage a quick fix – but is it reasonable treatment?
May 11, 2018
Pethes and Comcare Key Points Liability for the applicant’s condition, a respiratory disorder, was accepted in 1989 Between 1989 and 2016, the applicant underwent frequent remedial massage to treat back pain caused by excessive coughing The Tribunal found that massage, which caused temporary relief of the applicant’s back pain, was no longer reasonably required as […]
AAT rejects claim for long term physiotherapy in RSI case
January 23, 2018
Bennett and Comcare [2017] AATA 1269 Key Point Unless an employee can show physiotherapy or similar allied health treatments are obtained ‘in relation to’ an accepted injury, the Tribunal will not support funding for it. Background Ms Bennett had an accepted claim for a “repetitive strain injury (right) arm” sustained on 15 March 1985 and […]