Atkinson and Comcare (Compensation)

This matter concerned an application by Mr Glenn Atkinson for review of a decision by Comcare to cease liability for compensation payments. Comcare had previously accepted liability for Mr Atkinson's right and left forearm and hand injuries, diagnosed as synovitis and tenosynovitis, with an initial date of injury in February 2011. The decision under review, made on 15 May 2015, affirmed Comcare's determination that, from 16 February 2015, Mr Atkinson no longer suffered from the effects of his accepted injuries and was therefore not entitled to compensation for incapacity or medical treatment expenses. The review was heard by Dr James Popple, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Comcare remained liable to pay Mr Atkinson compensation under sections 16 and 19 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) for medical treatment and incapacity for work, respectively, from 16 February 2015. The resolution of these issues depended entirely on whether Mr Atkinson continued to suffer from the effects of his accepted injuries on and after that date. The Tribunal noted that, as a practical matter, Comcare bore the onus of persuading it that compensation payments should no longer be made.

The Tribunal considered evidence including video surveillance of Mr Atkinson undertaken in October and November 2014, which showed him engaging in activities inconsistent with suffering from his accepted injuries. This surveillance material, combined with medical evidence, led the Tribunal to conclude that Mr Atkinson did not suffer from the effects of his accepted injuries on or after 16 February 2015. Comcare argued that Mr Atkinson's accepted injuries were not significantly contributed to by his employment, that he no longer suffered from any upper limb condition, and that if he did, it was unrelated to his accepted injuries. The Tribunal found that the evidence supported Comcare's position that Mr Atkinson no longer suffered from the effects of his accepted injuries.

Consequently, the Tribunal affirmed Comcare's decision of 15 May 2015. Mr Atkinson's application for review was therefore dismissed.