Hovenden and Comcare (Compensation)

The Administrative Appeals Tribunal reviewed a decision by a delegate of Comcare to deny the Applicant compensation under section 14 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) for chronic low back pain or an aggravation of that condition. The Applicant, employed as a Customer Service Officer since 2006, had a pre-existing lower back injury sustained in 2001 for which liability was accepted under the Victorian Workcover scheme. The Applicant claimed that while serving a customer on 26 November 2018, his workstation being lower than required aggravated his pre-existing condition, leading to symptoms of tightness and pain.

The Tribunal was required to determine whether the tightness and pain experienced by the Applicant on and after 16 November 2018 constituted an "injury" as defined by the Act. This involved considering whether the Applicant's symptoms amounted to a disease or an injury, and if so, whether the circumstances of his employment on 26 November 2018 caused or contributed to that injury.

The Tribunal reasoned that the Applicant's symptoms of tightness and pain, while acknowledged, did not meet the definition of an "injury" under the Act. It found that the Applicant had not established that his condition was a disease or an injury in the statutory sense. Consequently, the Tribunal was not satisfied that the symptoms experienced by the Applicant constituted an injury for which Comcare would be liable. The Tribunal affirmed the decision under review.