Bartlett and John Holland Pty Ltd (Compensation)

The Administrative Appeals Tribunal considered a claim for compensation brought by Mr. Bartlett against John Holland Pty Ltd. The dispute concerned Mr. Bartlett's claim for chronic sinusitis, which he argued resulted in a disabling headache condition, and his entitlement to benefits under the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act).

The Tribunal was required to determine whether Mr. Bartlett had made a proper claim for compensation under section 54 of the SRC Act, whether he suffered a relevant incapacity for work pursuant to section 19 of the Act, and how his condition should be classified medically, specifically whether it constituted a "headache" or "migrainous headache" for the purposes of compensation. The Tribunal also needed to assess the preferable medical evidence regarding the causation of Mr. Bartlett's condition and his subsequent incapacity.

The Tribunal accepted the evidence of neurologist Dr. Rosen, who diagnosed Mr. Bartlett as suffering from chronic daily headache consistent with chronic migraine, triggered by chronic rhinosinusitis. Dr. Rosen's evidence, supported by reference to the International Classification of Headache Disorders and academic studies on central sensitisation, established a clear causal link between the accepted sinusitis and the applicant's headache condition and subsequent incapacity for work. The Tribunal found that Mr. Bartlett had complied with section 54 of the SRC Act in making his claim and that any subsequent failure to provide medical certification did not bar his claim, given the ongoing nature of his symptomatology.

Consequently, the Tribunal set aside the respondent's previous determination. It found that Mr. Bartlett had been incapacitated for work within the meaning of sections 4(9) and 19 of the SRC Act since November 2017, specifically due to a physical disability preventing him from working in dusty environments and as a machine operator. The matter was remitted to the respondent for the calculation of Mr. Bartlett's compensation entitlements.