Dib and Comcare

[2008] AATA 739

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2008] AATA 739

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No. 2007/3154

GENERAL ADMINISTRATIVE DIVISION		)
Re		SALIM M DIB

Applicant

And COMCARE

Respondent

DECISION

Tribunal Dr J D Campbell, Member

Date25 August 2008

PlaceSydney

Decision The decision under review is affirmed.

....................[Sgd]......................

Dr J D Campbell
  Member

CATCHWORDS

WORKERS’ COMPENSATION – work related incident – damage to spine involving cervical and lumbar regions – whether a single injury with two permanent impairments or two separate injuries with each giving rise to a permanent impairment – issue of assessment:  Combined versus individual.

Safety, Rehabilitation and Compensation Act 1988 – sections 4 and 24

Comcare v Etheridge and Others (2006) 149 FCR 525

Canute v Comcare (2006) 226 CLR 535

Ogden Industries Pty Ltd v Lucas (1967) 116 CLR 593

REASONS FOR DECISION

25 August 2008   Dr J D Campbell, Member

background

1.      Mr Dib was a 55 year old employee of the Department of Defence when he was involved in a motor vehicle accident on his way home from work on 23 June 2003.

2.      Mr Dib lodged a claim for compensation on 26 June 2003 together with a medical certificate from Dr Aloe, the treating general practitioner, dated 30 June 2003, which described Mr Dib as suffering from neck pain and back pain.

3.      A CT scan of Mr Dib’s cervical spine undertaken on 7 July 2003 was reported as showing:

Interbody spondylosis extended from C2/3 to C7/T1 with perimeter osteophytosis of the interbody margins of marked severity particularly at lower cervical levels where there was anterior interbody bridging indicating disseminated idiopathic skeletal hyperostosis (DISH).  Severe degenerative disc disease was also present at several levels, but particularly at C6/7.

4.      A CT scan of the lumbar spine undertaken on 7 July 2003 was reported as showing:

Minor interbody spondylosis was present at L3/4 and L4/5 with perimeter osteophytosis of the interbody margins.

5. On 27 August 2003, Comcare, in a determination, accepted liability to pay compensation for injuries pursuant to section 14 of the Safety, Rehabilitation and Compensation Act 1988 (“SRC Act”), for:

·Neck sprain

·Sprain of unspecified site of shoulder and upper arm (right)

·Contusion of chest wall (left)

·Lumbar sprain.

6.      On 2 October 2003, Comcare accepted liability to pay compensation in respect of the nominated injuries for physiotherapy (twice weekly), consultations with his general practitioner and pharmaceuticals.

7.      Mr Dib was assessed by Dr Thomson, a consultant orthopaedic surgeon, on 22 January 2004.  In a report dated 23 January 2004 (T51), Dr Thomson concluded that as a result of the motor vehicle accident, Mr Dib was continuing to experience pain in his neck and left shoulder and also pain in his lower back with some radiation to his upper legs.  Dr Thomson believed that “there have been ligamentous strains of the cervical and lumbar spines, with aggravation of asymptomatic spondylitic changes in [his] cervical spine and early changes in the lumbar spine.”  Dr Thomson was particular…