Barthel and Australian National University (Compensation)

This matter concerned an appeal by Ms Barthel against a decision by Comcare (now represented by the Australian National University) to deny her compensation for medical treatment expenses and incapacity for work. Ms Barthel had lodged a claim for compensation for bilateral carpal tunnel syndrome, which was accepted by Comcare as an employment-related injury with a deemed date of injury of 30 June 2014. Following surgery in Germany and subsequent medical assessments, Comcare determined that Ms Barthel had no present entitlement to compensation under sections 16 and 19 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth).

The primary legal issues before the Member were whether Ms Barthel was entitled to compensation for medical treatment expenses and incapacity for work from 11 February 2016 onwards, and whether her departure from Australia impacted these entitlements. The University argued that Ms Barthel's removal from Australia in December 2014 hindered its ability to engage in rehabilitation and control her return to work.

The Member reasoned that while difficulties with rehabilitation might affect an employee's entitlements at certain times, this did not negate the threshold issue of liability. The Member further held that the University had the opportunity to engage Ms Barthel in rehabilitation, and that an employee's obligation to comply with a rehabilitation program does not cease simply because they are outside Australia. The Member concluded that Ms Barthel's departure from Australia did not invalidate her rehabilitation obligations.

The decision under review was set aside. The Member ordered that, subject to claim, Ms Barthel was entitled to compensation under sections 16 and 19 of the Act in respect of her accepted injury from 11 February 2016 to the date of the decision.