Fisher and Comcare (Compensation)

This matter concerned an appeal by Mrs Fisher against a decision by Comcare. The dispute centred on whether Mrs Fisher had sustained an injury, specifically an aggravation of a pre-existing condition, arising out of or during the course of her employment with Comcare. The appeal was heard by A G Melick AO SC, Deputy President.

The primary legal issues before the Tribunal were whether Mrs Fisher's cervical spine condition constituted an "injury" for the purposes of the relevant legislation, and if so, whether that injury arose out of or during the course of her employment. This involved determining whether a specific incident, referred to as "lift incident two," or her general duties at work had caused or aggravated an underlying degenerative condition in her cervical spine.

The Tribunal considered conflicting medical evidence. Dr Bruce Taylor, a neurologist, diagnosed an acute C7 radiculopathy following the incident in January 2001, noting that while degeneration of the cervical spine was a normal phenomenon for her age, the injury had not left her with significant disability but rather a predisposition to worsening symptoms with overuse. Dr Bakker, Mrs Fisher's general practitioner, recorded significant pain prior to "lift incident two" and noted a deterioration in her neck pain over time, with clinical entries indicating persistent pain radiating down her arms and increasing neck pain. Dr Bakker's letters to Comcare stated that Mrs Fisher sustained an injury at work due to a lift malfunction, resulting in daily cervical spine pain with radiation into both arms, and that her duties contributed to forward head flexion and associated pain. The Tribunal affirmed the decisions under review.