De La Paz and Comcare (Compensation)

This matter concerned an appeal by the applicant, De La Paz, against a decision by Comcare to deny liability for a sprain of her right shoulder and an injury to the fourth finger of her left hand. The applicant contended that these conditions arose out of, or in the course of, her employment, or were contributed to by her employment, specifically attributing them to an increased workload and the constant use of a computer mouse with her left hand.

The Tribunal was required to determine whether the applicant's claimed injuries, namely the left ring finger condition and the right shoulder sprain, were caused by or significantly contributed to by her employment. This involved assessing the evidence, particularly the medical reports, to ascertain the aetiology of these conditions.

The Tribunal accepted the applicant's genuine belief that her work caused her pain, and acknowledged her personal circumstances, including caring for her mother and working overtime. However, the Tribunal preferred the opinions of specialist medical practitioners, specifically Dr McGill, a rheumatologist, over other medical opinions. Dr McGill's report was considered more comprehensive and persuasive. The Tribunal found that the applicant's left ring finger condition was diabetes-related and not caused by mouse use, as she was not using her ring finger to click and her keyboard use did not favour that finger. Furthermore, Dr McGill concluded that the condition was unrelated to work and that maintaining good diabetic control was the best course of action, with no need to restrict hand activities. The Tribunal also found that the right shoulder and arm condition did not arise out of, or in the course of, employment, nor was it significantly contributed to by her employment. Consequently, the Tribunal affirmed the decision denying liability for the claimed injuries.