Berry and Comcare (Compensation)

This matter concerned an application for review by an applicant who had lodged a claim for compensation for a "heart condition" in 1992, which was diagnosed as ischaemic heart disease. The applicant had undergone coronary artery bypass surgery in April 1992. The dispute centred on whether Comcare remained liable for the applicant's ongoing medical expenses and incapacity payments, given the passage of time since the initial diagnosis and surgery. The decision was made by R Maguire M.

The court was required to determine whether Comcare's liability for the applicant's coronary artery disease, which was accepted as an aggravation or acceleration of a pre-existing condition due to his employment, had ceased. Specifically, the court needed to ascertain if the applicant's compensable condition had recurred, worsened, accelerated, exacerbated, or intensified since his post-operative recovery, and consequently, whether he was still entitled to compensation for medical expenses and incapacity.

The court reasoned that Comcare's liability was limited to the aggravation or acceleration of the applicant's coronary artery disease, not the underlying condition itself. Medical evidence indicated that the applicant had made a commendable recovery following surgery, remained largely symptom-free, and had adopted a healthy lifestyle. Reports from treating and independent medical professionals suggested that the applicant's condition was stable and that his ongoing exercise regime was a preventative measure rather than treatment for a current aggravation. The court found that the aggravation of the applicant's compensable condition had ceased following his post-operative recovery, and there was no evidence of any recurrence or worsening of that aggravation since that time.

Accordingly, the court affirmed the decision under review, finding that the applicant had no compensable condition on or after 5 April 2017 and was therefore not entitled to compensation under sections 16 and 21A of the relevant Act.