Aylett and Comcare (Compensation)

This matter concerned an appeal by the Applicant, Ms Aylett, against a decision by the Administrative Appeals Tribunal (AAT) which affirmed a decision by Comcare to cease paying for certain medical treatments. The Applicant had been employed by the Australian Taxation Office (ATO) from 1998 to 2001, performing duties that involved significant data entry and cheque processing. She claimed that during this employment, she developed symptoms including headaches, numbness, and pain extending from her neck and shoulder to her fingers, which she attributed to the repetitive nature of her work. These symptoms persisted after her employment ceased.

The AAT was required to determine whether the Applicant's employment at the ATO materially contributed to her current ailments, and if so, whether the physiotherapy and massage treatments she sought were reasonable treatment for those ailments. The Applicant's case relied on her assertion that she was asymptomatic before commencing her ATO role and that her symptoms directly correlated with her work duties. However, during cross-examination, it emerged that the Applicant had been involved in several motor vehicle accidents in the past, which had resulted in injuries and symptoms such as whiplash, neck pain, and shoulder pain.

The Deputy President accepted that the Applicant was honest in her evidence but found that her recollection of significant past traumas, specifically the motor vehicle accidents, had undermined the effect of much of her testimony. Despite this, the Deputy President found that if there was a material contribution to the Applicant's ailment from her employment at the ATO, then massage administered by a physiotherapist and physiotherapy treatment would be considered reasonable treatment. Ultimately, the AAT affirmed the decision to cease payment for the treatments.