Ferris and Comcare (Compensation)

This matter concerned an appeal by Ms Ferris against decisions made by Comcare. The primary dispute revolved around whether Ms Ferris had suffered an injury pursuant to section 5A of the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act) that resulted in permanent impairment, and whether Comcare was presently liable to pay compensation for incapacity and medical expenses. The case was heard by Member W Frost.

The legal issues before the Tribunal were twofold: first, whether Ms Ferris suffered an injury on or after 18 July 2019, and second, if such an injury was established, whether it resulted in any incapacity for work and entitlement to medical treatment under sections 16 and 21A of the SRC Act. Ms Ferris's central argument was that all her current symptoms were caused by a sacral fracture sustained in a workplace fall in 2011, and that this injury had not healed and continued to cause her pain and impairment.

The Tribunal found that Ms Ferris did suffer an injury in the form of a fractured sacrum on 28 March 2011, as accepted by Comcare. However, the Tribunal was not satisfied that this injury caused any ongoing incapacity for work or necessitated further medical treatment under the SRC Act. Crucially, medical evidence, including CT scans and an MRI, indicated that the sacral fracture had healed and showed no signs of non-union or displacement. While Ms Ferris continued to experience pain, the Tribunal found her argument that this pain was solely attributable to the 2011 injury to be unsustainable, noting the presence of degenerative factors and her apparent unwillingness to consider other causes. Furthermore, regarding permanent impairment, the Tribunal relied on expert medical opinion which assessed her impairment at 5% under the Comcare Guide, falling short of the 10% threshold required for compensation for permanent impairment.

Consequently, the Tribunal affirmed both of Comcare's decisions under review. Ms Ferris's applications to the Tribunal were unsuccessful, meaning Comcare was found to have no present liability for incapacity payments or medical expenses, and her claim for permanent impairment and non-economic loss was declined.