Blandon and Australian Capital Territory (Compensation)

This matter concerned an appeal by Mr Blandon against decisions made by Comcare regarding compensation for permanent impairment. The dispute centred on whether Mr Blandon suffered from chronic pain syndrome as a secondary injury, and if so, whether this condition resulted in permanent impairment warranting further compensation beyond that already assessed for his original carpal fracture. The case was heard by Deputy President Gary Humphries Ao of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Mr Blandon suffered from a condition of chronic pain syndrome in addition to his accepted carpal fracture, and if such a condition existed, whether it resulted in a permanent impairment that was compensable under the Safety, Rehabilitation and Compensation Act 1988. The Tribunal was required to assess the nature and extent of any permanent impairment, considering the medical evidence presented by both parties and the relevant assessment guides.

The Tribunal considered extensive medical evidence from several specialists. While Comcare contended that Mr Blandon suffered only one condition, the Tribunal found that the medical opinions, particularly those of Dr Eaton, supported the existence of a secondary condition of chronic pain syndrome, likely arising from the chronic pain and dysfunction following the initial injury. The Tribunal noted that even if Mr Blandon had exaggerated the severity of his symptoms, this did not negate the existence of the condition or the resulting impairments. The Tribunal applied the principles of assessing whole person impairment under section 24 of the Act, cautioning against double compensation for pain.

Ultimately, the Tribunal affirmed the initial assessment of 18% permanent impairment for the accepted carpal fracture. However, it set aside the previous decision regarding the secondary injury and substituted a new decision, finding that Mr Blandon was entitled to compensation for permanent impairment and non-economic loss in respect of the accepted chronic pain syndrome, assessing this impairment at 10%. Comcare was also directed to pay Mr Blandon's costs.