Goodricke and Comcare (Compensation)

This matter concerned an appeal by Mr. Goodricke against a decision by Comcare regarding his workers' compensation claim. The dispute centred on whether Mr. Goodricke's current chronic pain condition, which he argued was not an aggravation of a pre-existing condition, continued to be materially contributed to by his past employment with HSA. The case was heard by Deputy Gary Humphries P.

The legal issues before the Tribunal were twofold: firstly, to determine whether Mr. Goodricke's accepted condition, chronic pain syndrome (bilateral), was presently materially contributed to by his employment with HSA, considering the aggravation of a pre-existing condition and the influence of psychological factors and unrelated causes. Secondly, the Tribunal was required to consider Mr. Goodricke's request to reopen a previous consent decision made in 2004, which had resolved earlier compensation disputes, on grounds including alleged economic duress, jurisdictional error, and misconduct by his former solicitors.

The Tribunal applied the legal principle that for a condition to be considered materially contributed to by employment, the contribution must meet an "evaluative threshold" and be "in a material degree; substantially, considerably." The Tribunal found that while Mr. Goodricke experienced chronic pain since his employment with HSA, and there was a substantial psychological overlay to his condition, the medical evidence did not establish that his employment with HSA continued to materially contribute to his condition by 31 March 2015. The Tribunal also declined to reopen the 2004 consent decision, noting that the issue of normal weekly earnings had been previously decided by consent and that Mr. Goodricke had been legally represented at that time. The Tribunal considered that relitigating the matter would cause prejudice to Comcare and that it was *functus officio* in relation to the 2004 decision.

The Tribunal affirmed the reviewable decision of 15 June 2015 and declined Mr. Goodricke's request to reopen the 2004 consent determination.