Confidential and Comcare

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2010] AATA 798

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No 2009/2397

GENERAL ADMINISTRATIVE DIVISION		)
Re		Confidential

Applicant

And Comcare

Respondent

DECISION

Tribunal Ms N Bell, Senior Member

Date18 October 2010

PlaceSydney

Decision The decision under review is affirmed.

...................[sgd]...........................

Ms N Bell, Senior Member

CATCHWORDS - Workers Compensation – permanent impairment – disease – ailment – regional pain syndrome – tenosynovitis and synovitis – psychological influences – contributed to by employment to significant degree

Safety, Rehabilitation and Compensation Act 1988

Commonwealth Banking Corporation v Raymond William Percival (1988) 20 FCR 176

REASONS FOR DECISION

Ms N Bell, Senior Member

1.      The Applicant commenced employment with Centrelink in 2001 performing clerical duties. In July 2008, the Applicant lodged a claim for tendonitis of the left wrist and bursitis of the left elbow that she claimed resulted from prolonged, repetitive typing and computer based work required in the performance of her employment.

2.      The Applicant now contends that she has suffered tenosynovitis and synovitis (as it was characterised by Comcare) in her left wrist attributable to her employment and contends that this tenosnovitis and synovitis was a precursor her current suffering of chronic regional pain syndrome.

3.      Comcare contends that the diagnosis of chronic regional pain syndrome is not a disease or injury as defined in the Safety, Rehabilitation and Compensation Act 1988 and is not attributable to the Applicant’s employment.

4.      Therefore, the issues for the Tribunal to consider are:

(a)does the Applicant suffer from a disease as defined in the Act?

(b)if so, was the Applicant’s regional pain syndrome contributed to by her employment to a significant degree?

does the applicant suffer from a disease as defined in the act?

5.      The Applicant describes her current symptoms to include pain in her upper arm, elbow, shoulder, neck, forearm and hand as well as some numbness and tingling. She also stated that she has had a stabbing pain in the front of her ribs, the intensity of which varies depending on her activity. She said that as a result of the symptoms she is unable to perform housework and must drive one handed. She said that she cannot use her arm or it will aggravate the symptoms. The Applicant gave evidence that she first experienced pain in her left arm from about July 2006. Despite some improvement after taking leave and a reduction in her duties in accordance with an occupational therapists report, her pain became “unmanageable” by 7 July 2008, on which date she was certified unfit to work.

6.      

In October 2008, the Applicant returned to work on a gradual return to work beginning with two days per week. However, the Applicant said that on these days she had difficulties as a result of the amount of keying she was required to do. The Applicant said that by early 2009 her symptoms again became “unmanageable” and she experienced pain in her left upper limb. The Applicant said that in