Gaget and Comcare (Compensation)

The Administrative Appeals Tribunal considered an application for review by Ms Gaget against a decision by Comcare concerning workers' compensation. Ms Gaget had claimed permanent impairment and non-economic loss. The core of the dispute revolved around whether Ms Gaget had met the threshold requirements of sections 24 and 27 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) in her originating application, and whether she had provided sufficient evidence to challenge the opinion of a specialist regarding her whole person impairment.

The Tribunal was required to determine if Ms Gaget's application for review had a reasonable prospect of success. This involved assessing whether the evidence presented, or lack thereof, was sufficient to displace the opinion of Dr Barnard, a specialist whose assessment of whole person impairment was before the Tribunal. The Tribunal also had to consider whether the application met the procedural requirements of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) and whether it was appropriate to dismiss the application without a full hearing.

The Tribunal reasoned that if the matter proceeded to a substantive hearing, there would be no contrary evidence to displace Dr Barnard's opinion on whole person impairment. Consequently, the Tribunal was satisfied that Ms Gaget had no reasonable prospect of succeeding in her application for review. The Tribunal concluded that expending further public resources on a full hearing would be unwarranted given the lack of evidence supporting Ms Gaget's claim.

Accordingly, the Tribunal dismissed Ms Gaget's Application for Review filed on 1 January 2023, pursuant to section 42B(1)(b) of the *Safety, Rehabilitation and Compensation Act 1988* (Cth).