Daniel FARRELL and COMCARE

Administrative Appeals Tribunal

ADMINISTRATIVE APPEALS TRIBUNAL        )

)         No: 2010/1496

General Administrative Division           )         No: 2010/ 4285

Re: Daniel Farrell
Applicant

And: Comcare
Respondent

DIRECTION

TRIBUNAL:             Professor RM Creyke, Senior Member

DATE:                      27 February 2012

PLACE:                   Canberra

The Tribunal directs the Registrar, pursuant to subsection 43AA(1) of the Administrative Appeals Tribunal Act 1975, to alter the text of the decision in this application:

1. at Tribunal on page one of the decision, to add the name Dr Bernard Hughson, Member;
2. at the certification on page forty nine of the decision:
1. to remove the period;
2. to add the words ‘…, and Dr Bernard Hughson, Member.’

.......................[sgd]..................................
  Professor RM Creyke, Senior Member

Administrative Appeals Tribunal

ADMINISTRATIVE APPEALS TRIBUNAL        )

)         No: 2010/1496

General Administrative Division           )         No: 2010/ 4285

Re: Daniel Farrell
Applicant

And: Comcare
Respondent

DIRECTION

TRIBUNAL:             Professor RM Creyke, Senior Member

DATE:                      21 February 2012

PLACE:                   Canberra

The Tribunal directs the Registrar, pursuant to subsection 43AA(1) of the Administrative Appeals Tribunal Act 1975, to alter the text of the decision in this application:

1. at the order on page one of the decision, to:
1. delete the words ‘decision under review is’;
2. insert the words ‘decisions under review are’.  

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

Professor RM Creyke, Senior Member

REASONS FOR DECISION [2012] AATA 87

Division

GENERAL ADMINISTRATIVE DIVISION

File Number(s)

2010/1496

2010/4285

Re

Daniel FARRELL

APPLICANT

And

COMCARE

RESPONDENT

Decision

Tribunal	Professor RM Creyke, Senior Member Dr Bernard Hughson, Member
Date	15 February 2012
Date of written reasons	15 February 2012
Place	Canberra

The decisions under review are affirmed.

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

Professor RM Creyke, Senior Member

Catchwords

COMPENSATION – Commonwealth Employees – secondary conditions – low back pain with sciatic like pain in right buttock – left knee pain – chronic pain syndrome – whether conditions are an aggravation, acceleration or degeneration of accepted condition – whether significant connection between injuries and employment related conditions

Legislation

Safety Rehabilitation and Compensation Act 1988 (Cth) ss 4(1), 5A, 5B, 7, 14

Cases

Comcare v Mooi (1996) 69 FCR 439

Kennedy Cleaning Services Pty Ltd v Petkoska (2000) 200 CLR 286

Re Von Stieglitz and Comcare [2010] AATA 263.

Secondary Materials

American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders (4^th ed, Text Revision)

REASONS FOR DECISION

Professor RM Creyke, Senior Member

15 February 2012

1. On 23 June 2003, when working as a park ranger with Environment Australia, Mr Daniel Farrell, born 1968, suffered an injury to his right knee. Compensation for the injury was accepted by Comcare on 29 July 2003 under section 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (Act).

2. A claim for permanent impairment was lodged on 15 July 2005.  That claim was rejected on 18 November 2005 on the ground that the condition had not stabilised.

3. A further claim for permanent impairment was lodged on 21 February 2006. On 20 June 2006, Comcare again rejected the claim on the ground that the condition had not yet stabilised. At the same time, Comcare proposed making an interim…