Hopkins and Comcare (Compensation) [2016] AATA 742 (23 September 2016)
Division
GENERAL DIVISION
File Number
2015/1177
Re
Joan Hopkins
APPLICANT
And
Comcare
RESPONDENT
DECISION
Tribunal
Deputy President Dr C Kendall
Date
23 September 2016
Place
Perth
The decision under review is set aside. In substitution it is decided that:
· The applicant has suffered incapacity since 19 November 2014 (the date Comcare ceased liability payments).
· Incapacity has been caused by an accepted condition defined as a diffuse pain syndrome of soft tissue origin, associated with cervical and thoracic spine symptoms with associated muscle contraction headache.
· Any medical treatment the applicant has required since 19 November 2014 has been in relation to her accepted condition.
· Comcare is liable to continue paying compensation to the applicant for incapacity payments or medical treatment as of 19 November 2014 pursuant to section 16 and 19 of the Safety, Rehabilitation and Compensation Act 1988.
The Tribunal remits this matter to the respondent for reassessment of the applicant’s claims for compensation in accordance with the reasons outlined herein.
The Tribunal orders, pursuant to section 67(8) of the SRC Act, that the Respondent pay the Applicant’s reasonable legal costs and disbursements, as agreed, or, in the absence of agreement, as assessed, in accordance with Section 6.9 of the Tribunal’s Guide to the Workers’ Compensation Jurisdiction.
.................[sgd]........................
Deputy President Dr C Kendall
CATCHWORDS
COMPENSATION – applicant made claim in 1992 for neck injury and associated headaches – applicant medically retired in 2002 – applicant received compensation payments from that date on – on basis of new medical report respondent determined in 2014 that applicant suffers from a constitutionally-based problem and that condition is no longer work related – whether accepted condition materially contributed to in a material degree by applicant’s employment with the Commonwealth – applicant found to have suffered an injury that has resulted in incapacity such that applicant is entitled to ongoing compensation – decision under review set aside
LEGISLATION
Safety, Rehabilitation and Compensation Act 1988 – sections 4(1), 14, 16 and 19
CASES
Cheung v Administrative Appeals Tribunal (2009) FCA 241
Comcare v Reardon [2015] FCA 1166
Military Rehabilitation & Compensation Commission v May [2016] HCA 19
Su v Comcare [2011] AATA 934;Telstra Corporation Limited v Hannaford (2006) 90 ALD 263
REASONS FOR DECISION
Deputy President Dr C Kendall
23 September 2016
BACKGROUND
Joan Hopkins was born on 18 December 1951. She is 65 years of age.
Ms Hopkins worked as a clerk for the Department of Social Services (now known as Centrelink) until 20 August 2000, when she was medically retired.
On 3 April 1992, Ms Hopkins lodged a compensation claim in relation to an injury she claims she suffered to the ligaments in her neck. In her claim form, Ms Hopkins described her injury as “gradual onset over 1-2 years but probably sudden onset of unimaginable pain resulting from reaching over a desk to retrieve paper which had fallen behind it” (T4 at 7). Ms Hopkins’ claim…
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- Case
- [2016] AATA 742
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether Ms Hopkins' accepted condition, described as a diffuse pain syndrome of soft tissue origin, associated with cervical and thoracic spine symptoms with associated muscle contraction headache, was contributed to in a material degree by her employment with the Commonwealth. Consequently, the court had to determine if this condition constituted a "disease" and therefore an "injury" under the relevant legislation, and if her incapacity for work and need for medical treatment since Comcare ceased payments were a result of this injury.
The court found that Ms Hopkins continued to suffer from the defined ailment after Comcare ceased liability payments. Crucially, the court determined that this ailment was materially contributed to by her employment with Centrelink, thus satisfying the definition of a "disease" and "injury" under the *Safety, Rehabilitation and Compensation Act 1988* (Cth). The court reasoned that the effects of her injury had caused her incapacity for work and warranted medical treatment since 19 November 2014, making Comcare liable for ongoing compensation payments.
The decision under review was set aside. In its place, the court decided that Ms Hopkins' incapacity and need for medical treatment since 19 November 2014 were caused by her accepted condition, which was materially contributed to by her employment. Comcare was therefore liable to pay compensation for incapacity payments and medical treatment from that date.
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