Aslimoska and Comcare (Compensation)

This matter concerned an appeal by Ms Aslimoska against a decision by Comcare regarding her claim for workers' compensation. The dispute centred on whether Ms Aslimoska had suffered an injury or disease to her right hip, as defined by the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act), and whether her employment had contributed to this condition to a significant degree. The Administrative Appeals Tribunal (the Tribunal) was required to determine these issues.

The legal questions before the Tribunal were whether Ms Aslimoska suffered an "injury" under section 5A of the SRC Act, whether she suffered from a "disease" under section 5B of the SRC Act, and consequently, whether Comcare was liable to pay compensation under section 14 of the SRC Act for her right hip condition. The Tribunal's determination hinged on findings of fact regarding the incident of 12 September 2014, when Ms Aslimoska slipped and fell at work, and the subsequent onset and nature of her hip pain.

The Tribunal found that Ms Aslimoska was not a credible witness due to inconsistencies in her accounts of the fall and the onset of her hip pain over the five years since the incident. The Tribunal placed significant weight on the contemporaneous Injury and Incident Report completed shortly after the fall, which did not mention any impact to her right hip or any associated pain, despite Ms Aslimoska acknowledging the importance of accurately recording such details for potential future claims. Based on this lack of contemporaneous reporting and the significant delay between the fall and the reported symptoms, the Tribunal was not satisfied that the fall caused her right hip condition or aggravated any pre-existing ailment. Furthermore, the Tribunal found that Ms Aslimoska's employment did not contribute to her condition to a significant degree.

Consequently, the Tribunal was not satisfied that Ms Aslimoska suffered an injury to her right hip as a result of the fall at work. Accordingly, Comcare was not liable to pay compensation to Ms Aslimoska under section 14 of the SRC Act. The decision under review was affirmed.