Jaudzems and Comcare (Compensation)

This matter concerned an appeal by the Applicant, Ms. Jaudzems, against a decision by Comcare regarding her workers' compensation claim. The Applicant suffers from tendonitis, a condition she argued was significantly contributed to by her employment duties. While she has a pre-existing developmental condition in her wrists, the Applicant contended that her work, which involves prolonged computer use, aggravated this condition, leading to her current symptoms. Comcare had previously accepted earlier claims for similar symptoms, but the current dispute centred on whether her employment had significantly contributed to her ongoing right arm and wrist pain.

The primary legal issue before the Tribunal was whether the Applicant's employment duties had contributed to a significant degree to her current condition of tendonitis, as required by section 5B(1)(a) of the *Safety, Rehabilitation and Compensation Act 1988* (Cth). The Tribunal also had to consider a procedural application by Comcare to adjourn the hearing on the morning it was due to commence, to obtain a further report from their expert, Dr. Pope, following the Applicant's submission of a further report from her treating surgeon, Dr. Wallwork.

The Tribunal refused Comcare's application for an adjournment, noting that Comcare had been aware of the further report and submissions for some time and had the opportunity to seek further instructions or raise objections earlier. The Tribunal found that Comcare had not demonstrated any prejudice arising from these developments, and that it was a fundamental right for matters to proceed in a timely fashion, respecting the resources of the Tribunal and the parties. Applying the principles from *Comcare v Reardon* and other relevant case law, the Tribunal found as a matter of fact that the Applicant's employment had contributed to her condition to a significant degree.

Consequently, the Tribunal set aside the decision under review and substituted a new decision finding that the Applicant's claim satisfied the criteria under section 14 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth). Comcare was ordered to pay the Applicant's costs of the application, to be determined by the Tribunal if not agreed within 14 days.