Hopkins and Comcare (Compensation)

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

1. Joan Hopkins was born on 18 December 1951.  She is 65 years of age. 

2. 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.

3. 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…