Abley and Comcare (Compensation)

This matter concerned a claim for workers' compensation by the Applicant against Comcare under the *Safety, Rehabilitation & Compensation Act 1988* (Cth) (SRC Act). The Applicant sought acceptance of liability for fibromyalgia, an ailment, and contended that it was contributed to, to a significant degree, by her employment with Services Australia. The central dispute was whether the Applicant's fibromyalgia condition was causally linked to her employment, particularly in light of competing expert medical evidence.

The court was required to determine whether the Applicant's fibromyalgia constituted a "disease" as defined by section 5B of the SRC Act. This involved assessing whether the ailment was contributed to, to a significant degree, by her employment. The court also had to consider whether the Applicant was already suffering from symptoms of fibromyalgia prior to an accepted right shoulder condition, and whether the evidence, on the balance of probabilities, satisfied the statutory threshold for significant contribution from employment.

The court considered the Applicant's employment history, including transfers and changes in duties, and the accepted aggravation of a pre-existing right shoulder condition. Expert evidence was presented by Dr Rob Will, who opined that the Applicant's fibromyalgia was a consequence of her work duties and that her right upper limb overuse syndrome was a major trigger. Conversely, Dr Reiter concluded that the Applicant's fibromyalgia was an intrinsic constitutional condition, not significantly contributed to by her employment, and that she had experienced symptoms for many years prior to formal diagnosis. The court noted that "significant degree" in the context of the SRC Act means a degree that is substantially more than material.

Ultimately, the Tribunal affirmed the reviewable decision, finding that the Applicant had not established, on the balance of probabilities, that her fibromyalgia condition was contributed to, to a significant degree, by her employment with Services Australia.