Ghaddar and Comcare (Compensation)

This matter concerned an application for review of a decision by Comcare to deny liability to compensate Ms Ghaddar for pain and swelling in her supraclavicular region. The dispute centred on whether Ms Ghaddar's ailment was contributed to, to a significant degree, by her employment, and whether she had suffered an "injury" in the primary sense. The case was heard by Deputy J W Constance P.

The legal issues before the court were whether Ms Ghaddar suffered an "ailment" or an "aggravation of such an ailment" within the meaning of the relevant Act, and if so, whether her employment contributed to this ailment to a significant degree. The court was required to determine the nature of Ms Ghaddar's condition and its causal connection, if any, to her work.

The court affirmed Comcare's decision, finding that Ms Ghaddar did suffer a physical defect constituting an "ailment". However, the court preferred the opinion of Professor Youssef, a consultant rheumatologist, over other medical practitioners. Professor Youssef diagnosed Ms Ghaddar's condition as acute brachial neuritis, a medical disorder almost certainly caused by a preceding infection unrelated to her employment. This diagnosis was supported by Ms Ghaddar's medical history, which indicated multiple consultations for sore throat and related symptoms in the weeks prior to the onset of her supraclavicular pain and swelling. The court concluded that Ms Ghaddar's employment did not contribute to her ailment to a significant degree.