Guillemain and Comcare (Compensation)

This matter concerned an application by Ms Guillemain for an extension of time to lodge an application with the Administrative Appeals Tribunal (AAT) concerning a claim for a left shoulder injury. The dispute arose from Comcare's position that Ms Guillemain had not made a valid claim for this injury under the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act) and that any such claim was out of time. The decision was made by Senior Member Egon Fice of the AAT.

The primary legal issues before the Tribunal were whether Ms Guillemain had provided sufficient written notice of her left shoulder injury to her employer in accordance with section 53 of the SRC Act, and whether an extension of time should be granted for her to lodge her application, given the significant delay. The Tribunal also considered Comcare's argument that it would suffer prejudice if the claim were allowed to proceed.

Senior Member Fice reasoned that while Ms Guillemain's initial report of the incident and her injuries only explicitly mentioned her right shoulder, subsequent documentation, including an ultrasound report, indicated that her left shoulder was also examined and showed signs of mild bursitis. The Tribunal inferred that Ms Guillemain must have informed her employer of potential damage to her left shoulder, thereby satisfying the notice requirements of section 53, particularly as Comcare did not demonstrate any prejudice arising from the delay in formal notification. The Tribunal also noted that the lodgement of a claim form itself can constitute notice of injury under the SRC Act, and that subsequent claims arising from the same circumstances as an accepted prior claim can satisfy the notice requirements.

The Tribunal granted Ms Guillemain an extension of time to lodge her application until 27 November 2017. This decision was based on the finding that while the delay was extensive, there was an explanation for it, and Ms Guillemain had not simply rested on her rights. The Tribunal also found that there was evidence suggesting a potential link between her left shoulder injury and the work accident, meaning she had prospects of success. Furthermore, the Tribunal determined that Comcare would not suffer prejudice because another application concerning Ms Guillemain's right shoulder injury was already before the Tribunal, creating significant overlap in the issues and evidence. The Tribunal directed that the two proceedings be linked.