Cavanagh and Comcare (Compensation)

This matter concerned an appeal by Ms Cavanagh against a decision by Comcare regarding her claim for workers' compensation. Ms Cavanagh sought compensation for an alleged aggravation of her pre-existing bilateral carpal tunnel syndrome, which she contended was significantly contributed to by her employment and subsequent rehabilitation program. The dispute centred on whether the increase in her symptoms constituted an aggravation of a disease within the meaning of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act) and, if so, whether her employment played a significant role in that aggravation. The decision was made by Dr I Alexander, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether Ms Cavanagh had suffered a temporary aggravation of her pre-existing bilateral carpal tunnel syndrome, and crucially, whether her employment had contributed to this aggravation to a significant degree. This required the Tribunal to consider the definition of "injury" under the SRC Act, particularly in relation to the aggravation of pre-existing conditions, and to assess the causal link between Ms Cavanagh's work activities and rehabilitation, and the exacerbation of her symptoms.

The Tribunal reasoned that for an aggravation of a pre-existing condition to be compensable under the SRC Act, there must be evidence of a discernible or diagnosable physiological or psychiatric change to the employee's body or psyche, beyond mere subjective experience of symptoms. While accepting that Ms Cavanagh experienced an increase in symptoms between January and May 2017, which could be described as a physiological change and a progression of her pre-existing condition, the Tribunal was not persuaded that her employment had contributed to this change to a significant degree. Furthermore, the Tribunal found no convincing evidence that the physiotherapy or exercise physiology sessions had contributed to the physiological change. The Tribunal concluded that the increase in symptoms was a natural progression of her pre-existing bilateral carpal tunnel syndrome, complicated by delays in diagnosis and treatment.

Consequently, the Tribunal affirmed the decision under review, finding that Ms Cavanagh had not established that her employment contributed to a significant degree to the aggravation of her bilateral carpal tunnel syndrome.