Gordon and Comcare (Compensation)

This matter concerned an appeal by Mr Gordon against a decision by Comcare regarding his claim for workers' compensation for an acute shoulder injury. The applicant reported experiencing instant pain in his right shoulder after being hit during a rugby game on 10 May 2016. Subsequent medical examinations revealed significant tears in his subscapularis and supraspinatus tendons, along with other degenerative changes in his right shoulder.

The primary legal issues before the Deputy President were whether Mr Gordon had suffered an ailment or an aggravation of an ailment, and if so, whether his employment had contributed to that ailment to a significant degree, thereby establishing Comcare's liability under section 14 of the *Safety, Rehabilitation and Compensation Act 1988*. The court was required to determine the causal connection between Mr Gordon's employment and his shoulder condition, considering both the recent sporting incident and his history of workplace injuries.

The Deputy President applied a common-sense evaluation of the causal chain, drawing on principles from *Kooragang Cement Pty Ltd v Bates* and *Small v Commonwealth*. The medical evidence, particularly the report from Dr Vrancic, indicated that the radiological findings were consistent with an acute-on-chronic injury resulting from cumulative repetitive work activities as an AFP officer, rather than solely from the sporting incident. Dr Vrancic noted that previous workplace incidents in 2012 involving his right shoulder had settled but were significant enough to warrant incident reports. The Deputy President concluded that the work-related condition had contributed in a material sense to the applicant's injury.

Accordingly, the Deputy President set aside the decision under review and substituted an order that Comcare was liable to pay compensation to Mr Gordon for "rotator cuff (capsule) sprain (right)" pursuant to section 14 of the Act.