Catanzariti and Comcare

[2004] AATA 1006

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2004] AATA 1006

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No A2003/124

GENERAL  ADMINISTRATIVE  DIVISION		)
Re		ROSS CATANZARITI

Applicant

And COMCARE

Respondent

DECISION

Tribunal Mr J.W. Constance, Senior Member
Dr M.D. Miller AO, Member

Date24 September 2004

PlaceCanberra

Decision The decision of the respondent made on 21 March 2004 is affirmed.

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Senior Member

CATCHWORDS

COMPENSATION – whether ectopic heartbeat an “ailment” – whether employment materially contributed to ectopic heartbeat –  whether employment materially contributed to underlying condition of atrial fibrillation – whether ectopic heartbeat and hypertension  caused by accepted injury of aggravation of a pre-existing chronic anxiety state – decision affirmed

Safety Rehabilitation and Compensation Act 1998 (Cth) – s4

Comcare v Mooi (1996) 137 ALR 690

Casarotto v Australia Postal Commission (1989) 86 ALR 399

REASONS FOR DECISION

24 September 2004	Mr J.W. Constance, Senior Member
Dr M.D. Miller, Member

1.      On 18 November 1983, Comcare determined that Mr Catanzariti had suffered an aggravation of a pre-existing chronic anxiety state to which his employment by the Australian Government Publishing Service was a contributing factor.  On 20 May 2002 Mr Catanzariti requested an extension of the accepted condition to include heart palpitations and hypertension.

2.      By decision of 21 March 2003 Comcare denied liability for these conditions.  Mr Catanzariti has applied to the Tribunal to review  this decision.

3.      The Tribunal has decided to affirm Comcare's decision of 21 March 2003.

FINDINGS OF FACT:

4.      In the following paragraphs, we set out our findings of material questions of fact and the evidence or other material on which those findings are based.  Where the findings are based on a document before the Tribunal, we note that document.

5.      Mr Catanzariti is 58 years old.  He commenced work as a bookbinder with the Australian Government Publishing Service on 29 April 1974 (documents T1, T2 and T12).

6.      On 5 July 1983, Mr Catanzariti reported to his employer that he suffered from an anxiety state, which was  brought about by many incidents at work over a period of approximately nine and a half years (T5).  On 18  November 1983, it was determined that Mr Catanzariti had contracted a disease, namely aggravation of a pre-existing chronic anxiety state, to which his employment was a contributing factor (T15). 

7.      Mr Catanzariti continues to suffer long term anxiety, contributed to by his employment, and the probability is that this situation will continue (report of Dr Knox 5/6/03,exhibit A3).

8.      Mr Catanzariti suffered four episodes of atrial fibrillation between 1978 and 1996.  There was no physical cause identified for the first episode.  There were further incidents of atrial fibrillation in 1981 and 1982, both of which occurred after Mr Catanzariti consumed some alcohol.  The last episode of atrial fibrillation occurred in 1996.  Mr Catanzariti gave evidence of these incidents and they were confirmed by the evidence of Mr Catanzariti's cardiologist, Dr Peak, and cardiologist, Dr French, who examined Mr Catanzariti on behalf of Comcare.

9.      Mr Catanzariti…