[2014] AATA 163
Division General Administrative Division File Number
2013/1084
Re
Colleen McAullay
APPLICANT
And
Comcare
RESPONDENT
DECISION
Tribunal Deputy President S D Hotop
Date 26 March 2014 Place Perth The decision under review is affirmed.
....................[sgd]..........................................
S D Hotop
Deputy President
Colleen McAullay (“the applicant”) commenced employment with CRS Australia on 21 July 2008 as an Employment Services Consultant.
On 2 August 2011 the applicant made a claim for compensation under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (“SRC Act”) in respect of a condition described as “acute neck strain on background of chronic neck injury” which she claimed to have suffered on 15 July 2011 in the performance of her employment duties, and for which she first sought medical treatment on 15 July 2011.
On 12 October 2011 a delegate of Comcare (“the respondent”) made a determination accepting liability under s 14 of the SRC Act to pay compensation to the applicant in respect of “aggravation of neck sprain (left)”.
On 6 July 2012 a Senior Rehabilitation Case Manager, Department of Human Services made a determination under s 37 of the SRC Act that the applicant’s “rehabilitation provider … develop an appropriate rehabilitation program with the goal of achieving a return to pre-injury hours and duties”.
Following a request by the applicant’s (then) solicitors for a reconsideration of the abovementioned determination, a Review Officer of the respondent, on 11 January 2013, made a “reviewable decision” under s 38(4) of the SRC Act affirming that determination.
On 12 March 2013 the applicant lodged with the Tribunal an application for review of the abovementioned reviewable decision.
The Evidence
The evidence before the Tribunal comprised the “T Documents” (T1–T165, pp 1–496) lodged by the respondent in accordance with s 37 of the Administrative Appeals Tribunal Act 1975 (Cth) and:
·supplementary documents (ST1–ST100, pp 1–286) filed by the respondent on 29 November 2013 (Exhibit R1);
·statement of the applicant, dated 6 January 2014 (Exhibit A1);
·supplementary statement of the applicant, dated 21 January 2014 (Exhibit A2);
·Exhibits A3 – A5 tendered by the applicant;
·Exhibits R2 – R4 tendered by the respondent; and
·the oral evidence of the applicant, Dr Andrew Harper, Dr Joel Silbert, and Dr Mary Wyatt.
The Applicant’s Evidence
The applicant confirmed that she had signed a statement, dated 6 January 2014, prepared for the purpose of this proceeding, and that its contents (as amended by her in her oral evidence) are true and correct. That statement (as amended) is as follows:
“ BACKGROUND
1. My name is Colleen McAullay. I was born on … August 1953.
2. …
3. I am currently not working.
4.I completed school at age 16 at Lady’s College (now called Mercedes) and also boarded at Santa Maria College.
5. I completed a diploma of teaching in approximately 1981.
6. I completed a diploma in Frontline Business Management in 2003.
WORK HISTORY
7.After I finished high school I worked at different pharmacies.
8.In about 1972 I completed a…
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Details
- Case
- [2014] AATA 163
- Decision Date
CaseChat Overview and Summary
Colleen McAullay sought judicial review of a decision by Comcare to cease her compensation payments for a neck injury sustained during her employment with CRS Australia. The injury occurred when McAullay pulled out her computer's cords, causing a crunch in her neck. The Tribunal had to determine whether Comcare's decision to cease compensation was lawful and whether McAullay's injury continued to impact her ability to work.
The Tribunal examined the medical evidence and McAullay's testimony regarding the ongoing effects of her injury. McAullay's evidence included detailed descriptions of her physical and emotional symptoms, which she claimed persisted since the injury. She detailed how her injury affected her ability to perform daily activities and her capacity to work effectively. The Tribunal also reviewed Comcare's decision to cease compensation, which was based on an assessment that McAullay no longer suffered from the effects of her injury.
The Tribunal concluded that the decision to cease compensation was not supported by the evidence. It found that McAullay's neck injury had a significant and ongoing impact on her ability to work and perform daily activities. The Tribunal determined that Comcare's cessation of compensation was unreasonable. It ordered that McAullay should undertake an appropriate rehabilitation program to address her ongoing needs.
The Tribunal examined the medical evidence and McAullay's testimony regarding the ongoing effects of her injury. McAullay's evidence included detailed descriptions of her physical and emotional symptoms, which she claimed persisted since the injury. She detailed how her injury affected her ability to perform daily activities and her capacity to work effectively. The Tribunal also reviewed Comcare's decision to cease compensation, which was based on an assessment that McAullay no longer suffered from the effects of her injury.
The Tribunal concluded that the decision to cease compensation was not supported by the evidence. It found that McAullay's neck injury had a significant and ongoing impact on her ability to work and perform daily activities. The Tribunal determined that Comcare's cessation of compensation was unreasonable. It ordered that McAullay should undertake an appropriate rehabilitation program to address her ongoing needs.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
The applicant confirmed that she had signed a statement, dated 6 January 2014, prepared for the purpose of this proceeding, and that its contents (as amended by her in her oral evidence) are true and correct. That statement (as amended) is as follows:“ BACKGROUND 1. My name is Colleen McAullay. I was born on … August 1953.2. … 3. I am currently not working. 4.I completed school at age 16 at Lady’s College (now called Mercedes) and also boarded at Santa Maria College. 5. I completed a diploma of teaching in approximately 1981. 6. I completed a diploma in Frontline Business Management in 2003.WORK HISTORY 7.After I finished high school I worked at different pharmacies. 8.In about 1972 I completed a course called ‘How to Use a Telex’ at a Business College in Perth.9.After I completed the telex course I got married and had children. I did not work anymore. 10.In about 2002 I worked at Sir Charles Gairdner as a patient inquiries officer for about 11 years. This was a casual position which I had in addition to my other jobs. 11.In about 2003 I worked at Mcauley Employment and Training (now known as Centrecare) as a senior training consultant in the jobsearch and training department. I won many awards in this position. 12.In about 2006 I worked at ORS Rehabilitation Services as an employment consultant. I was there for about one year. 13.I then worked at Communicare as a senior in the job search training department.14.Sometime in 2007 I worked at Employment Plus (Salvation Army) as a training consultant. While in this position I was offered a job in the same company as a disability service consultant, which I took. I worked in that position for about 6 months. 15.From about 2006-2008 I worked at various Western Australian metropolitan prisons and ran life skill and family skill courses for the prisoners. I would run barbeques in the prison and invite employers so the prisoners would have job prospects. 16.In about 2008 while working at the Western Australian prisons I had a compensation claim. The compensation was for a stress claim. I wasn’t given a walky talky and was not given the appropriate measures to protect myself. An aboriginal lady threatened to come after me with an axe. I went to the doctors as I was really stressed and concerned. I had several months off work due to this incident.17.On 21 July 2008 I began work as an employment consultant at CRS Australia (‘CRS’).GENERAL HEALTH 18.All throughout my life I have worked really hard and never had any really serious health problems save for my neck injury.19.I have raised 3 children:·[A] 38;·[J] 34; and·[M] 26.WORKING AT CRS 20.When I first started working at the Midland office of CRS I was not given a headset. I was given a normal telephone to use and would sit at my desk with the handset in the crunch of my neck and typing notes. This was how most of the day was spent. 21.In 2008, roughly about 6 weeks into working at CRS, I got a sore neck. I organised and went to physiotherapy myself without telling work as I did not want to concern them and as I was a temp at the time. I did not want to risk not getting a permanent job there. 22.I believe I got a sore neck from having the handset crunched in my neck much of the day and typing on the computer. 23.I visited doctors who gave me cortisone injections and morphine patches to help with the pain. I would also go to physiotherapy to help with the pain.24.In 2009 I requested to be transferred to the Mirrabooka office of CRS. On 14 April 2009 while working at the Mirrabooka office, I made a request to work 3 days a week for a six month period. I wanted to work 3 days a week so I could attend to my neck problems on my days off and wouldn’t have to take time off work25.This neck pain continued from 2009 to 2011 while working at CRS. It settled down after a few months but every so often would flare up a bit although it is [sic] not as bad as it is now.26.I wasn’t in constant pain. For example one month would be pain free and the next month would be more painful. When I did have the pain, I was able to manage it with medication, cortisone injections and physiotherapy. ACCIDENT AT CRS 27.On 15 July 2011 I was at my desk and my computer wasn’t working so I rang the head office help desk to fix it.28.The help desk told me to take the cords out of my computer from the back. I leant over and pulled the cords out from the computer. As I did it I felt a crunch in my neck. My supervisor … saw me do this. 29.It was really painful. However, I managed until 3pm in the afternoon then I went to my supervisor and told her I made a doctor’s appointment. 30.I left work and went to see Doctor Barr. He put me off work for a couple of days.31.I asked the staff health at CRS if I could get physiotherapy. No one could help me as the staff health consultant was on holidays. I was told to call back upon her return. 32.I went back to work after a couple of days because I wanted to keep working. 33.Since this incident on 15 July 2011, I experience neck pain every day.COMPENSATION 34.I was paid compensation from Comcare for my neck injury from 15 July 2011 (the date of my injury). 35.On 9 December 2013 Comcare ceased my compensation payments as they claimed I did not presently suffer from the effects of my neck injury on 15 July 2011. 36.I have requested a review of this decision as I believe it is unreasonable to change direction at this point in the proceedings, particularly just prior to the trial in January 2014. HISTORY OF HOW THE INJURY HAS AFFECTED ME 37.After my injury on 15 July 2011 I wasn’t doing my job to the best of my capacity at CRS because it caused me pain to do the usual tasks I would do such as typing, phone calls and liaising with clients. I continued to do these tasks as best I could.38.For example, I would continue to run training courses and walk around the streets with clients. This aggravated my neck pain. 39.I would also drive clients around as much as I did before my neck injury and this would aggravate my neck condition. 40.I would continue doing ‘cold canvassing’ which was taking clients out with their resumes, seeing employers and trying to gain employment for the clients.41.I would continue to run mock interviews with clients and attend meetings. 42.I continued to assist clients with drafting their resumes and complete my stat sheets. This all involved using the computer which would hurt my neck. 43.When I went home at the end of the day I was in terrible pain in my neck. 44.When I dropped to 3 days work to deal with me [sic] neck pain, I would be doing 5 days work in 3 days as my work load was not decreased. 45.While working at CRS Australia I used flexi time so I could leave earlier for work in the mornings and miss peak hour traffic as I found driving difficult and painful. When I was working for 3 days I was not allowed to use flexi time so I would have to drive to work in peak traffic and these long periods of time in a car aggravated my neck pain. 46.Another example is the work car CRS provided to me. The car was not suitable for me and would aggravate my neck condition as I had to constantly adjust the outside mirrors and car seat each time I used the car. I was also told to put the car mirrors and seat back into its [sic] original position once I had finished using it. I was not allowed to use my own car for work even though it would be easier for me. 47.I did complain to my superior. I went to his office. I said ‘I don’t know what I have done, but whatever I have done I am sorry can we just start again?’ and he didn’t even look at me, so I said ‘I said what I have wanted to say’ and went to walk out. As I did he said ‘I don’t have any staff members that give me a headache, but you give me a headache’ and was tapping at his head. I then left his office. 48.My superior asked me numerous times when was I going to retire. He would call me unprofessional, incompetent and say I have a memory problem. I felt like everything I did at work was wrong even though I was trying my hardest and was getting good clients on board with CRS.49.The workplace management issues made my neck pain worse and caused me anxiety and stress. I felt that I was a burden to the office. ACTIVITIES I CANNOT DO ANYMORE 50.I used to belong to a jive club called JDK in Osborne Park Bowling Club and Mullaloo Sportsman Club. I started jive in 2003 and would do it several nights a week but I had to stop due to my neck injury. 51.I used to enjoy painting my house but I cannot paint anymore.52.I also cannot clean my house anymore so I have a house cleaner who comes in once a week. 53.I have trouble washing my hair so I go to a hairdresser to get it done. 54.I don’t cook at all because bending down and putting pots and pans in the dishwasher hurts my neck too much.55.I can’t change sheets or do washing. My children help me make my bed and do household chores. 56.I can’t walk my German Shepard [sic]. I have someone walk my dog 3 or 4 times a week. I attempt to walk her with a special lead called a ‘halty’ but I don’t do it very well.57.I used to enjoy swimming but I had to stop due to my neck injury. 58.I can drive but I find it very difficult if I drive for more than 5 – 8 minutes. If I do more than this I am in agony. I do not drive that much but I do visit my elderly parents who live in Nedlands. By the time I get back from there my neck is in spasms.59.I don’t often go shopping but when I do I go with my children who help me. I have been out on my own shopping before and have abandoned trolleys because I couldn’t push them as I was in so much pain and was feeling so stressed.60.I do not go out that much anymore and spend the majority of my time at home. PHYSICAL SYMPTOMS 61.I had neck pain from 2008 but I could control and manage the pain with physiotherapy and medication and the pain was intermittent. 62.After the incident at work on 15 July 2011 the pain changed to an intense pain and it was constant, not on or off. 63.Cortisone injections can assist for short periods, but most of the time I cannot cope with the pain. 64.I suffer chronic pain when I sit for long periods of time.65.The pain feels like a sharp, stabbing pain and also feels burning and pinching sometimes. 66.My neck goes into spasms, and I feel sharp pain on the left hand side that goes up to my ear. I feel like it goes up my left arm and into my head. 67.I feel like my ears are blocked all the time and they hurt. I’m constantly putting ear drops in my ears and I use ear candles to try and ease the pain but this doesn’t really help much. 68.I put a lot of cream on my neck to help with the pain. I have to constantly crack my neck once I put the cream on.69.I get neck massages from my daughter who is a qualified massage therapist to help ease the pain. The pain eases for about half an hour but then it comes back.70.My neck pain also causes me to have headaches.71.Sometimes I am in so much pain I feel nauseous like I want to vomit.72.To help with the pain I take the following medications:· Tramadol (when needed);· Pandaol [sic](when needed); and· Naprosyn daily;SLEEP73.I only get 2 – 3 hours sleep per night due to the neck pain.74.I often wake up during the night with pain and turn the TV on to make myself fall to sleep but once I fall asleep I wake up again in pain shortly after. I cannot sleep for 7 hours or so straight like I used to. EMOTIONAL SYMPTOMS 75.My neck pain causes me to feel down and teary and depressed most of the time.76.My neck pain affects my mood at work as well as at home and I am often grumpy. 77.I don’t like being around people and I barely leave the house. 78.My neck problems increase my stress and anxiety. I have completely lost my confidence to work. 79.Everytime I see a doctor I get stressed as to how they are going to take what I say to them.” (Exhibit A1)
Evidence
Evidence Before The Court
The evidence before the Tribunal comprised the “T Documents” (T1–T165, pp 1–496) lodged by the respondent in accordance with s 37 of the Administrative Appeals Tribunal Act 1975 (Cth) and:·supplementary documents (ST1–ST100, pp 1–286) filed by the respondent on 29 November 2013 (Exhibit R1);·statement of the applicant, dated 6 January 2014 (Exhibit A1);·supplementary statement of the applicant, dated 21 January 2014 (Exhibit A2);·Exhibits A3 – A5 tendered by the applicant;·Exhibits R2 – R4 tendered by the respondent; and ·the oral evidence of the applicant, Dr Andrew Harper, Dr Joel Silbert, and Dr Mary Wyatt. The Applicant’s Evidence The applicant confirmed that she had signed a statement, dated 6 January 2014, prepared for the purpose of this proceeding, and that its contents (as amended by her in her oral evidence) are true and correct. That statement (as amended) is as follows:“ BACKGROUND 1. My name is Colleen McAullay. I was born on … August 1953.2. … 3. I am currently not working. 4.I completed school at age 16 at Lady’s College (now called Mercedes) and also boarded at Santa Maria College. 5. I completed a diploma of teaching in approximately 1981. 6. I completed a diploma in Frontline Business Management in 2003.WORK HISTORY 7.After I finished high school I worked at different pharmacies. 8.In about 1972 I completed a course called ‘How to Use a Telex’ at a Business College in Perth.9.After I completed the telex course I got married and had children. I did not work anymore. 10.In about 2002 I worked at Sir Charles Gairdner as a patient inquiries officer for about 11 years. This was a casual position which I had in addition to my other jobs. 11.In about 2003 I worked at Mcauley Employment and Training (now known as Centrecare) as a senior training consultant in the jobsearch and training department. I won many awards in this position. 12.In about 2006 I worked at ORS Rehabilitation Services as an employment consultant. I was there for about one year. 13.I then worked at Communicare as a senior in the job search training department.14.Sometime in 2007 I worked at Employment Plus (Salvation Army) as a training consultant. While in this position I was offered a job in the same company as a disability service consultant, which I took. I worked in that position for about 6 months. 15.From about 2006-2008 I worked at various Western Australian metropolitan prisons and ran life skill and family skill courses for the prisoners. I would run barbeques in the prison and invite employers so the prisoners would have job prospects. 16.In about 2008 while working at the Western Australian prisons I had a compensation claim. The compensation was for a stress claim. I wasn’t given a walky talky and was not given the appropriate measures to protect myself. An aboriginal lady threatened to come after me with an axe. I went to the doctors as I was really stressed and concerned. I had several months off work due to this incident.17.On 21 July 2008 I began work as an employment consultant at CRS Australia (‘CRS’).GENERAL HEALTH 18.All throughout my life I have worked really hard and never had any really serious health problems save for my neck injury.19.I have raised 3 children:·[A] 38;·[J] 34; and·[M] 26.WORKING AT CRS 20.When I first started working at the Midland office of CRS I was not given a headset. I was given a normal telephone to use and would sit at my desk with the handset in the crunch of my neck and typing notes. This was how most of the day was spent. 21.In 2008, roughly about 6 weeks into working at CRS, I got a sore neck. I organised and went to physiotherapy myself without telling work as I did not want to concern them and as I was a temp at the time. I did not want to risk not getting a permanent job there. 22.I believe I got a sore neck from having the handset crunched in my neck much of the day and typing on the computer. 23.I visited doctors who gave me cortisone injections and morphine patches to help with the pain. I would also go to physiotherapy to help with the pain.24.In 2009 I requested to be transferred to the Mirrabooka office of CRS. On 14 April 2009 while working at the Mirrabooka office, I made a request to work 3 days a week for a six month period. I wanted to work 3 days a week so I could attend to my neck problems on my days off and wouldn’t have to take time off work25.This neck pain continued from 2009 to 2011 while working at CRS. It settled down after a few months but every so often would flare up a bit although it is [sic] not as bad as it is now.26.I wasn’t in constant pain. For example one month would be pain free and the next month would be more painful. When I did have the pain, I was able to manage it with medication, cortisone injections and physiotherapy. ACCIDENT AT CRS 27.On 15 July 2011 I was at my desk and my computer wasn’t working so I rang the head office help desk to fix it.28.The help desk told me to take the cords out of my computer from the back. I leant over and pulled the cords out from the computer. As I did it I felt a crunch in my neck. My supervisor … saw me do this. 29.It was really painful. However, I managed until 3pm in the afternoon then I went to my supervisor and told her I made a doctor’s appointment. 30.I left work and went to see Doctor Barr. He put me off work for a couple of days.31.I asked the staff health at CRS if I could get physiotherapy. No one could help me as the staff health consultant was on holidays. I was told to call back upon her return. 32.I went back to work after a couple of days because I wanted to keep working. 33.Since this incident on 15 July 2011, I experience neck pain every day.COMPENSATION 34.I was paid compensation from Comcare for my neck injury from 15 July 2011 (the date of my injury). 35.On 9 December 2013 Comcare ceased my compensation payments as they claimed I did not presently suffer from the effects of my neck injury on 15 July 2011. 36.I have requested a review of this decision as I believe it is unreasonable to change direction at this point in the proceedings, particularly just prior to the trial in January 2014. HISTORY OF HOW THE INJURY HAS AFFECTED ME 37.After my injury on 15 July 2011 I wasn’t doing my job to the best of my capacity at CRS because it caused me pain to do the usual tasks I would do such as typing, phone calls and liaising with clients. I continued to do these tasks as best I could.38.For example, I would continue to run training courses and walk around the streets with clients. This aggravated my neck pain. 39.I would also drive clients around as much as I did before my neck injury and this would aggravate my neck condition. 40.I would continue doing ‘cold canvassing’ which was taking clients out with their resumes, seeing employers and trying to gain employment for the clients.41.I would continue to run mock interviews with clients and attend meetings. 42.I continued to assist clients with drafting their resumes and complete my stat sheets. This all involved using the computer which would hurt my neck. 43.When I went home at the end of the day I was in terrible pain in my neck. 44.When I dropped to 3 days work to deal with me [sic] neck pain, I would be doing 5 days work in 3 days as my work load was not decreased. 45.While working at CRS Australia I used flexi time so I could leave earlier for work in the mornings and miss peak hour traffic as I found driving difficult and painful. When I was working for 3 days I was not allowed to use flexi time so I would have to drive to work in peak traffic and these long periods of time in a car aggravated my neck pain. 46.Another example is the work car CRS provided to me. The car was not suitable for me and would aggravate my neck condition as I had to constantly adjust the outside mirrors and car seat each time I used the car. I was also told to put the car mirrors and seat back into its [sic] original position once I had finished using it. I was not allowed to use my own car for work even though it would be easier for me. 47.I did complain to my superior. I went to his office. I said ‘I don’t know what I have done, but whatever I have done I am sorry can we just start again?’ and he didn’t even look at me, so I said ‘I said what I have wanted to say’ and went to walk out. As I did he said ‘I don’t have any staff members that give me a headache, but you give me a headache’ and was tapping at his head. I then left his office. 48.My superior asked me numerous times when was I going to retire. He would call me unprofessional, incompetent and say I have a memory problem. I felt like everything I did at work was wrong even though I was trying my hardest and was getting good clients on board with CRS.49.The workplace management issues made my neck pain worse and caused me anxiety and stress. I felt that I was a burden to the office. ACTIVITIES I CANNOT DO ANYMORE 50.I used to belong to a jive club called JDK in Osborne Park Bowling Club and Mullaloo Sportsman Club. I started jive in 2003 and would do it several nights a week but I had to stop due to my neck injury. 51.I used to enjoy painting my house but I cannot paint anymore.52.I also cannot clean my house anymore so I have a house cleaner who comes in once a week. 53.I have trouble washing my hair so I go to a hairdresser to get it done. 54.I don’t cook at all because bending down and putting pots and pans in the dishwasher hurts my neck too much.55.I can’t change sheets or do washing. My children help me make my bed and do household chores. 56.I can’t walk my German Shepard [sic]. I have someone walk my dog 3 or 4 times a week. I attempt to walk her with a special lead called a ‘halty’ but I don’t do it very well.57.I used to enjoy swimming but I had to stop due to my neck injury. 58.I can drive but I find it very difficult if I drive for more than 5 – 8 minutes. If I do more than this I am in agony. I do not drive that much but I do visit my elderly parents who live in Nedlands. By the time I get back from there my neck is in spasms.59.I don’t often go shopping but when I do I go with my children who help me. I have been out on my own shopping before and have abandoned trolleys because I couldn’t push them as I was in so much pain and was feeling so stressed.60.I do not go out that much anymore and spend the majority of my time at home. PHYSICAL SYMPTOMS 61.I had neck pain from 2008 but I could control and manage the pain with physiotherapy and medication and the pain was intermittent. 62.After the incident at work on 15 July 2011 the pain changed to an intense pain and it was constant, not on or off. 63.Cortisone injections can assist for short periods, but most of the time I cannot cope with the pain. 64.I suffer chronic pain when I sit for long periods of time.65.The pain feels like a sharp, stabbing pain and also feels burning and pinching sometimes. 66.My neck goes into spasms, and I feel sharp pain on the left hand side that goes up to my ear. I feel like it goes up my left arm and into my head. 67.I feel like my ears are blocked all the time and they hurt. I’m constantly putting ear drops in my ears and I use ear candles to try and ease the pain but this doesn’t really help much. 68.I put a lot of cream on my neck to help with the pain. I have to constantly crack my neck once I put the cream on.69.I get neck massages from my daughter who is a qualified massage therapist to help ease the pain. The pain eases for about half an hour but then it comes back.70.My neck pain also causes me to have headaches.71.Sometimes I am in so much pain I feel nauseous like I want to vomit.72.To help with the pain I take the following medications:· Tramadol (when needed);· Pandaol [sic](when needed); and· Naprosyn daily;SLEEP73.I only get 2 – 3 hours sleep per night due to the neck pain.74.I often wake up during the night with pain and turn the TV on to make myself fall to sleep but once I fall asleep I wake up again in pain shortly after. I cannot sleep for 7 hours or so straight like I used to. EMOTIONAL SYMPTOMS 75.My neck pain causes me to feel down and teary and depressed most of the time.76.My neck pain affects my mood at work as well as at home and I am often grumpy. 77.I don’t like being around people and I barely leave the house. 78.My neck problems increase my stress and anxiety. I have completely lost my confidence to work. 79.Everytime I see a doctor I get stressed as to how they are going to take what I say to them.” (Exhibit A1)
Decision
Reasons for decision
The Tribunal concludes that the applicant should undertake an appropriate rehabilitation program to be developed and provided by an “approved program provider” within the meaning of s 37(2)(b) of the SRC Act, and it so determines pursuant to s 37(1) of the SRC Act.Decision For the above reasons, the decision under review is affirmed.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.