Ivill and Comcare (Compensation)

This matter concerned an appeal by the applicant, Ivill, against decisions made by Comcare regarding compensation claims. The dispute involved claims for permanent impairment payments, compensation for chronic pain syndrome, and other related entitlements arising from a 2001 injury and a subsequent 2008 injury. The case was heard by D O'Donovan SM.

The primary legal issues before the Tribunal were whether the applicant was entitled to permanent impairment payments for her left knee, any impairment arising from the 2001 injury including psychological impairment, and compensation for her Chronic Pain Syndrome. Additionally, the Tribunal had to determine Comcare's liability for compensation in relation to the applicant's Depressive Disorder and reconsider decisions concerning medical expenses and incapacity payments for her knee injury.

The Tribunal placed little weight on the historical aspects of the applicant's witness statement, finding them to be derived from sources other than her direct memory, potentially damaging her credit. While accepting the applicant's description of current symptoms, the Tribunal expressed scepticism about their accuracy. The Tribunal affirmed decisions refusing permanent impairment payments for the left knee and for any impairment arising from the 2001 injury. It also affirmed Comcare's non-liability for Chronic Pain Syndrome. However, the Tribunal set aside decisions regarding the applicant's Depressive Disorder, substituting a determination that Comcare was liable for an adjustment disorder with depressed mood arising from pain related to the 2001 and 2008 injuries, noting this finding might be of historical significance. Furthermore, the Tribunal set aside a decision and remitted a matter to Comcare for reconsideration regarding compensation under sections 16 and 20 of the Act, and similarly set aside another decision and remitted it for reconsideration on the basis of Comcare's liability for medical expenses and incapacity payments related to the 2008 knee injury. Comcare was ordered to pay the applicant's reasonable party/party costs in relation to these remitted matters.