Hopkins and Comcare (Compensation)

This matter concerned an appeal by Ms Hopkins against a decision by Comcare to cease compensation payments. Ms Hopkins had lodged a claim in 1992 for a neck injury and associated headaches, which was accepted by Comcare. She was medically retired in 2002 and had received compensation payments and medical expenses from Comcare since that time. In 2014, based on new medical evidence, Comcare determined that Ms Hopkins suffered from a constitutionally-based problem and that this condition was no longer work-related. The appeal was heard by Deputy C Kendall P.

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.