Goulthorpe and Comcare (Compensation)

This matter concerned an appeal by Ms Goulthorpe against a decision of the Administrative Appeals Tribunal (AAT) concerning her claim for compensation under the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (the Act) against her former employer's insurer, Comcare. The dispute centred on whether Ms Goulthorpe's ongoing pain condition was a 'disease' for the purposes of the Act and, if so, whether her employment had contributed to it to a significant degree.

The primary legal issues before the court were whether Ms Goulthorpe's current pain condition constituted a 'disease' within the meaning of the Act, and whether her employment had contributed to that condition to a significant degree. Comcare argued that even if her employment had caused an initial injury or triggered psoriatic arthritis, her former employment no longer made a significant contribution to her present pain, particularly given she had ceased significant typing in 2013.

The court found that the medical evidence presented to the Tribunal was inconsistent and contradictory, describing it as a "dog's breakfast." Despite this, the court was satisfied that Ms Goulthorpe genuinely experienced significant pain in her right upper limb, which she described as similar to the pain she first felt in 2013, though less severe overall. This pain was primarily located in her hand and wrist and was exacerbated by domestic activities. While Ms Goulthorpe contended her condition was an overuse injury, better described as Chronic Regional Pain Disorder, Comcare argued she suffered from psoriatic arthritis and that the pain condition had resolved. The court noted that while several medical practitioners had diagnosed a pain condition or disorder attributed to work-related activity in 2013, their reports did not adequately explain the persistence of the pain given Ms Goulthorpe had ceased intensive typing some time before her resignation in 2015.

The court set aside the decision under review and substituted its own decision.