Gazzard and Comcare (Compensation)

This matter concerned an appeal by the applicant, Mr Gazzard, against a determination by Comcare that his former employment ceased to contribute, to a significant degree, to his cervical spondylosis as at 3 May 2016. The Administrative Appeals Tribunal was required to determine whether the applicant's employment continued to be a significant factor in the aggravation of his condition.

The central legal issue before the Tribunal was whether the applicant's employment with the Australian Tax Office had ceased to be a significant contributing factor to his cervical spondylosis by the specified date. This required an assessment of the medical evidence and the applicant's work history to establish the causal link between his employment duties and the progression of his condition.

The Tribunal found that much of the medical evidence supporting the applicant's case, particularly the reports of Dr Kelman, was based on an incomplete and inaccurate medical history provided by the applicant. The applicant had failed to disclose previous neck pain and injuries prior to May 2002, which undermined the reliability of diagnoses that attributed his cervical spondylosis solely to his later employment. The Tribunal noted that while prolonged computer work without breaks could contribute to cervical spondylosis, the applicant's failure to provide a full history meant that the causative link to his specific employment was weakened.

Consequently, the Tribunal determined that the applicant's former employment had ceased to significantly contribute to any aggravation of his cervical spondylosis as at 3 May 2016. The decisions under review were affirmed.