Catton and Comcare

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2003] AATA 1237

ADMINISTRATIVE APPEALS TRIBUNAL      )

)       No Q2001/958, 967, 1116

GENERAL ADMINISTRATIVE DIVISION		)
Re		GARTH CATTON

Applicant

And COMCARE

Respondent

DECISION

Tribunal Mr B J McCabe, Senior Member

Date9 December 2003

PlaceBrisbane

Decision The Tribunal affirms the decisions under review. 

(Sgd)     BJ McCabe

Senior Member

5.      The hearing proceeded over three days, and several witnesses gave oral testimony. Those individuals were:

§Garth Catton

§Brett Catton

§Dr Roberts

§Dr McCombe

§Dr Goode

§Professor McPhee

§Anthony Brown

§Dr Tucker, and

§Dr Alcorn.

6.      Mr Harding represented the applicant, and Mr Clark represented the respondent.

The Applicant’s Work and Medical History

7.      Mr Catton has a history of back injuries. His army medical records, included in the T documents, say he pulled the para-vertebral muscles in his lumbar spine while playing squash in March 1984. He also reported back-pain in the left thoracic area in February and October 1985. On each occasion, he was placed on restricted duties.

8.      The applicant says he injured his back in early August 1986 while carrying a full pack on a navigational exercise. He did not seek medical help immediately after he returned from the hike; he said his back became increasingly stiff over the following three days. The medical records included in the T documents say he sought assistance two weeks after returning.  He was placed on restricted duties with specific instructions not to engage in PT (physical training) exercises or heavy lifting. He received physiotherapy. He continued to complain of pain in his lower back until at least November 1986. In his testimony, he suggested he experienced stiffness and discomfort in his back for the remainder of his army service.

9.      He complained of a further injury to his thoracic disc on or about 7 July 1988. Mr Catton was repairing a puncture in a tyre at work. He was placed on light duties again for 21 days. He slipped and fell on wet grass while playing touch football on 19 December 1989, and was again placed on light duties. He had physiotherapy and x-rays, but the x-rays did not disclose any problems (see document T5 at p32). He said in his oral testimony that he had difficulty walking after that incident.

10.     The applicant said he was in more or less constant pain after the incident in 1986. However, there is limited evidence of him complaining to medical personnel apart from the incidents referred to above. There is no record in particular in the Medical Board documentation dated 16 November 1989 of any ongoing back problems, although there are references to problems with his ankles. In the accompanying documents, dated 20 November 1989, the applicant’s back is assessed as normal. The applicant said he only received a cursory examination, but the reference in the notes to other problems suggests reasonably careful scrutiny.  Dr Scott was satisfied in 1996 that the applicant “made a large measure of recovery” from the August 1986…