Glendenning and Comcare

[2004] AATA 6

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2004] AATA 6

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No D2002/32

GENERAL ADMINISTRATIVE DIVISION		)
Re		PAUL ASHLEY GLENDENNING

Applicant

And COMCARE

Respondent

DECISION

Tribunal Mr RG Kenny, Member

Date9 January 2004 

PlaceBrisbane

Decision

The Tribunal:

(i)     affirms the decision under review in so far as it relates to gastric erosions; and

(ii) sets aside the decision under review insofar as it relates to “abdomen condition: irritable bowel syndrome and epigastric pain” and substitutes its decision that, pursuant to sub-section 14(1) of the Safety, Rehabilitation and Compensation Act 1988, the respondent is liable to pay compensation to the applicant in respect of gastro-oesophageal reflux disease and irritable bowel syndrome.

...................(Sgd)....................

RG Kenny
  Member

ADMINISTRATIVE APPEALS TRIBUNAL      )

)           No D2002/32

GENERAL ADMINISTRATIVE DIVISION		)
Re		PAUL ASHLEY GLENDENNING

Applicant

And COMCARE

Respondent

ORDER TO AMEND DECISION [2004] AATA 6

Tribunal Mr RG Kenny, Member

Date22 March 2004

PlaceBrisbane 

WHEREAS the Tribunal made a decision in this matter on 9 January 2004, and it has come to the Tribunal’s attention that there was error in that;

AND WHEREAS the Tribunal wishes to amend the decision so as to rectify the error with the least cost and inconvenience to the parties;

THE TRIBUNAL ORDERS, pursuant to section 43AA of the Administrative Appeals Tribunal Act 1975, that:

1.     The decision page be amended as follows:

“(iii)that the respondent is liable to pay costs to the applicant in accordance with the Tribunal’s practice direction.”

…………(Sgd)……………
  MEMBER

Administrative

Appeals

Tribunal

 

Administrative

Appeals

Tribunal

 

ADMINISTRATIVE APPEALS TRIBUNAL      )

)           No D2002/32

DIVISION		)
Re		PAUL ASHLEY GLENDENNING

Applicant

And COMCARE

Respondent

ORDER TO AMEND DECISION [2004] AATA 6

Tribunal Mr R G Kenny, Member

Date21 May 2004

PlaceBrisbane

WHEREAS the Tribunal made a decision in this matter on 9 January 2004, and it has come to the Tribunal’s attention that there were errors in that decision;

AND WHEREAS the Tribunal wishes to amend the decision so as to rectify the errors with the least cost and inconvenience to the parties;

THE TRIBUNAL ORDERS, pursuant to section 43AA of the Administrative Appeals Tribunal Act 1975, that:

1.The word "diagnosed" in paragraph 14 of the decision be replaced with the word "prescribed".

MEMBER

CATCHWORDS

WORKERS’ COMPENSATION – aggravation of gastro oesophageal reflux disease and irritable bowel syndrome - relationship to employment – aggravation not permanent – gastric erosions an injury under sub-section 6A(2) – medical treatment with NSAIDS – unintended consequence of treatment

Safety, Rehabilitation and Compensation Act 1988 ss 4, 6, 6A, 14

Comcare v Houghton (2003) 37 AAR 138
Re Eaton and Comcare (2002) 67 ALD 182
Re Price-Beck and Department of Veterans’ Affairs [2003] AATA 386
Repatriation Commission v Brown (1990) 12 AAR 253

Ilsley v Wattyl Australia Pty Ltd (1997) 144 ALR 510
Re Wright and Comcare [2003] AATA 1331

REASONS FOR DECISION

9 January 2004  Mr RG Kenny, Member      

Background

1.      Paul Glendenning (the applicant) was born…