Davis and Comcare

[2005] AATA 716

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2005] AATA 716

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No   A2003/427

GENERAL  ADMINISTRATIVE  DIVISION		)
Re		ANEZKA DAVIS

Applicant

And COMCARE

Respondent

DECISION

Tribunal Mr J.W. Constance, Senior Member
Dr M.D. Miller AO, Member

Date28 July 2005

PlaceCanberra

Decision

i. The decision under review, being a decision of 18 February 2005 that for the period from 27 June 2003 to 18 February 2005 Comcare is not liable to pay compensation to Ms Davis pursuant to sections 16 and 131(4) of the Safety, Rehabilitation and Compensation Act 1988 (Cth), is affirmed.

ii.      The parties have liberty to apply to the Tribunal in relation to the costs of this application.

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CATCHWORDS

COMPENSATION – treatment and incapacity – reviewable decision that respondent has no liability for the effects of an accepted condition over specific time period – whether applicant continues to suffer from effects of compensable injury – significance of previous motor vehicle accident involving the applicant – tribunal not satisfied that applicant continues to suffer from the effects of the compensable injury – decision affirmed.  

Safety, Rehabilitation and Compensation Act 1988 (Cth) – s 16, 19, 124(1), 131

Power v Comcare (1998) 89 FCR 514

Hannaford v Telstra Corporation Limited [2004] AATA 1250 (26 November 2004)

REASONS FOR DECISION

28 July 2005

Mr J.W. Constance, Senior Member

Dr M.D. Miller AO, Member

1. Ms Davis was injured at work while she was an employee of the Australian Senate in 1987 and received compensation for loss of earnings and medical expenses arising from that injury from 1987 until 27 June 2003. On 20 June 2003 Comcare decided that Ms Davis had ceased to suffer any effects of the injury and declined to make any further compensation payments. This decision was affirmed by a reviewable decision dated 16 September 2003. On 15 November 2004 the Tribunal remitted the decision to Comcare for reconsideration. On 18 February 2005 Comcare substituted a decision that did not purport to cease liability under section 14 of the Act, but decided that in the period 27 June 2003 to 18 February 2005 Ms Davis was not entitled to incapacity payments under section 131(4) of the Act nor medical expenses under section 16 of the act for the condition of “muscle overuse syndrome”. Ms Davis is now seeking a review of Comcare’s decision of 18 February 2005.

2.      For the reasons set out we have decided to affirm the decision under review.

FINDINGS OF FACT

3.      Unless otherwise stated we make these findings based on the evidence of Ms Davis.  We are satisfied of these facts on the balance of probabilities.

4.      Ms Davis was born on 25 October 1947 and is 57 years of age.

5.      On 4 November 1974 Ms Davis commenced employment with the Australian Public Service.  In 1978 she completed her tertiary course which she had commenced prior to her employment.  In the early 1980’s she started work at the Australian Senate.  Her work involved testing…