Dzajkoska and Comcare (Compensation)

This matter concerned an appeal by Ms. Dzajkoska against a decision by Comcare to deny compensation for injuries allegedly sustained in a fall in the employer's carpark. The primary dispute was whether Ms. Dzajkoska suffered a physical injury arising out of, or in the course of, her employment. The decision was made by Deputy J W Constance P.

The court was required to determine whether Ms. Dzajkoska had suffered a physical injury, specifically a right shoulder ligament tear and neck pain, that arose out of or in the course of her employment. This involved assessing the evidence presented, including statements from Ms. Dzajkoska and her supervisor, Ms. Walsh, regarding the circumstances of the fall and the subsequent development of her symptoms.

Deputy J W Constance P found that there was insufficient evidence to establish on the balance of probabilities that Ms. Dzajkoska suffered an aggravation of a tear to her supraspinatus tendon that arose out of or in the course of her employment. The court noted that Ms. Dzajkoska's own evidence did not demonstrate a significant change in her shoulder symptoms immediately following the fall. Furthermore, the evidence from Ms. Walsh indicated that Ms. Dzajkoska had multiple health issues at the time and that any reported shoulder pain was not immediately attributed to the fall, and its onset was difficult to pinpoint in relation to the incident. Consequently, the reviewable decision of Comcare to affirm its earlier determination denying liability to compensate Ms. Dzajkoska was affirmed.