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Former AFP officer not entitled to compensation for psychological condition sustained in 1987

March 17, 2022

Ascic v Comcare [2021] FCA 1498.   Key Points: The Federal Court was required to consider whether the Tribunal erred in finding that an Australian Federal Police Officer was not entitled to compensation for permanent impairment for a psychological condition. The Federal Court applied Kostas v HIA Insurance Services Pty Ltd t/as Home Owners Warranty […]

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. […]

Tribunal finds headaches are not an “injury”

December 2, 2020

Wuth and Comcare [2020] AATA 3625   Key Points: The Tribunal was required to consider liability for a chronic daily headache condition. The Tribunal highlighted the importance of distinguishing between symptoms and an identifiable physiological change. In the absence of any physiological change the Tribunal concluded that Ms Wuth had not suffered an injury for […]

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. […]

Staying inside the lines: Tribunal critical of the rigid Comcare Guide but still must abide by it

March 18, 2019

Dillon and Comcare [2019] AATA 214.   Key Points: The Tribunal needed to determine whether an assessment of whole person impairment (WPI) was correct. The constraints of the Comcare Guide in regard to the Assessment of the Degree of Permanent Impairment were criticised in circumstances where the impairment was more significant than the assessable WPI […]

You be the Judge: does the Worker or Tribunal decide on the type of permanent impairment to be assessed?

May 5, 2017

Comcare v Farrell [2016] FCAFC 115 Key Points The Full Court of the Federal Court was asked to decide if it was open to the Tribunal to make findings in respect of the assessment of permanent impairment using the Guide in relation to only one injury, when the claim before it was for multiple injuries. […]

Armstrong v Comcare [2014] AATA 658 (10 September 2014)

April 17, 2015

Armstrong v Comcare [2014] AATA 658 (10 September 2014)

Verlinden and Comcare [2014] AATA 46 (31 January 2014)

April 17, 2015

Verlinden and Comcare [2014] AATA 46 (31 January 2014)

Reinhold and Comcare [2014] AATA 221 (15 April 2014)

April 17, 2015

Reinhold and Comcare [2014] AATA 221 (15 April 2014)

Rahimovski v Commonwealth Bank of Australia [2013] AATA 755 (23 October 2013)

April 17, 2015

Rahimovski v Commonwealth Bank of Australia [2013] AATA 755 (23 October 2013)