Crick and Comcare (Compensation)

This matter concerned an appeal by Cheryl Crick against a determination by Comcare that it was no longer liable to pay compensation for accepted injuries under sections 16 and 19 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth). The accepted injuries included a lumbosacral sprain, aggravation of a disc displacement and disc degeneration in the lumbar spine, and an adjustment disorder with mixed anxiety and depression. The Administrative Appeals Tribunal was required to determine whether Ms Crick continued to suffer the effects of these compensable injuries and, in relation to any disease injury, whether it continued to be contributed to, to a significant degree, by her employment.

The Tribunal considered extensive documentary and witness evidence. Ms Crick provided a detailed statement outlining her medical history, including various incidents and treatments, and her current physical and psychological condition. She attributed ongoing pain and mobility issues to complications from surgeries and the accepted injuries, and stated that the cessation of compensation had caused her significant hardship. Lay witnesses, including family members and a work colleague, testified that Ms Crick's life had changed significantly following the 2008 workplace injury, with one son observing her using a walking stick and strong pain medication.

The Tribunal noted that the respondent, Comcare, sought to rely on the decision in *Telstra Corp Ltd v Hannaford* to argue that new evidence allowed the Tribunal to reconsider previous findings. However, the Tribunal found it unfair to raise this contention after the hearing, particularly given the statutory direction for the Tribunal to provide a fair mechanism of review. The Tribunal also considered the medical evidence and concluded that there was no cogent evidence that Ms Crick continued to suffer from the previously accepted psychiatric condition.

Ultimately, the Tribunal affirmed the decision under review.