Benussi and Comcare (Compensation)

This matter concerned a review by the Administrative Appeals Tribunal of a determination by Comcare. The applicant, Ms Benussi, sought review of Comcare's decision to affirm its determination that the effects of the aggravation of her vasomotor rhinitis had ceased. Ms Benussi alleged that her health problems, including headaches, sore throat, chest tightness, and a runny nose, were caused by exposure to air-conditioning in her workplace.

The Tribunal was required to determine whether the effects of the aggravation of Ms Benussi's vasomotor rhinitis had ceased, and consequently, whether she remained entitled to compensation. This involved assessing the causal link between her employment, specifically exposure to air-conditioning, and her alleged ongoing symptoms, as well as the medical evidence regarding the nature and persistence of her condition.

The Tribunal considered evidence from Ms Benussi and medical practitioners. While Ms Benussi attributed her symptoms to air-conditioning, medical opinions suggested alternative explanations, such as a viral infection, and questioned the direct causal link between air-conditioning and her reported symptoms. The Tribunal noted that Ms Benussi could not definitively link the onset of her symptoms to air-conditioned environments prior to 2000, and that her attribution of all symptoms, including skin conditions and back pain, to air-conditioning was not supported by medical evidence. The Tribunal accepted Comcare's submission that there was no evidence that Ms Benussi's underlying condition was caused by her employment, nor that any aggravation was permanent or continuing.

The Tribunal concluded that there was no evidence to support the assertion that Ms Benussi suffered an enhanced sensitivity to air-conditioning as a result of her employment. Based on the medical evidence, the Tribunal was satisfied that Ms Benussi was fit for full-time employment without restrictions when she took voluntary redundancy in June 2009. Consequently, the Tribunal was not satisfied that any symptoms she experienced after ceasing employment were continuing effects of the injury for which Comcare accepted liability. The decision under review was affirmed.