Bryant and Comcare (Compensation)

This matter concerned an appeal by the Applicant against a decision by Comcare to deny liability for compensation for a workplace injury. The Applicant claimed that two incidents at work, in 2010 and 2014, and a period of busy work following a flood in 2013, had caused or aggravated a condition of cervical spondylosis and left shoulder tendinopathy. The Tribunal was required to determine whether the Applicant's employment significantly contributed to the onset of her condition or contributed to a significant degree to the aggravation of her underlying cervical spondylosis.

The Tribunal considered evidence that the Applicant had been seeking medical assistance for neck and shoulder pain since at least 2005, predating the first workplace incident in 2010. Medical reports indicated that the Applicant suffered from age-related degenerative changes in her cervical spine and left shoulder. One report, prepared prior to the 2014 incident, noted that the Applicant had previously been told she had a degenerative condition following an MRI after the 2010 incident. The medical opinions concluded that the Applicant's symptoms were likely to degenerate with age and that she would experience exacerbations from time to time, particularly with static postures at work.

Ultimately, the Tribunal was not satisfied, on the balance of probabilities, that the workplace incident of 3 September 2014 contributed to a significant degree to the aggravation of the Applicant’s underlying cervical spondylosis. Consequently, the Tribunal affirmed Comcare's decision of 16 March 2015 to deny liability for compensation.