Jafreen and Comcare (Compensation)

This matter concerned a claim for workers' compensation by Ms Jafreen, an employee of the Department of Foreign Affairs and Trade, against Comcare. Ms Jafreen alleged that she suffered an injury to her left shoulder and upper arm as a result of carrying out her work duties between 21 August 2017 and 5 October 2017. Comcare argued that Ms Jafreen did not sustain a physical injury but rather developed pain in response to her work tasks, which she perceived as menial and hindering her career advancement. The decision was made by Senior Member Mrs J C Kelly.

The primary legal issue before the court was whether Ms Jafreen suffered a physical injury arising out of, or in the course of, her employment during the specified period, for which liability should be accepted under section 14 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth). This involved determining the cause of her reported pain and symptoms and whether they were attributable to a physical injury sustained at work or to other factors.

The court considered extensive medical evidence. It preferred the opinions of Dr McBurnie, Associate Professor McGill, and Dr Khan, who concluded that Ms Jafreen's symptomatology was not caused by a physical injury. The court found that these medical professionals had engaged in a detailed consideration of Ms Jafreen's work duties during the relevant period, which was critical to their assessment. In contrast, the court found that other medical professionals, including Professor Cohen, had not adequately addressed the specific work tasks performed. While accepting that Ms Jafreen would not have experienced symptoms had she not performed the duties, the court determined that the explanation for these symptoms was not a physical injury, but rather a psychosomatic response, as suggested by Dr Chow and Professor Cohen's earlier reports.

The court affirmed the reviewable decisions made on 9 February 2018 and 16 November 2018, which had affirmed earlier decisions to decline liability for Ms Jafreen's claimed injuries under section 14 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth). This included claims for sprain of the shoulder and upper arm, and in a separate proceeding, claims for bilateral shoulder and upper arm sprain, bilateral hand sprain, and sprain of the back and neck.