Kenda and Comcare (Compensation)

This matter concerned appeals by Ms Kenda against decisions made by Comcare regarding her claims for compensation. The dispute centred on whether certain medical conditions, treatments, and a claim for permanent impairment were compensable injuries under the relevant legislation, arising from her employment. The case was heard by Dr Stewart Fenwick, Senior Member.

The legal issues before the Tribunal were to determine, in relation to Ms Kenda's various claimed conditions including carpal tunnel syndrome, lateral epicondylitis, shoulder sprain, cervical spondylosis, temporomandibular joint disorder, and complex regional pain syndrome, whether these constituted injuries for which compensation was payable. Furthermore, the Tribunal had to consider claims for associated medical treatments and a claim for permanent impairment of her right shoulder.

The Senior Member considered Ms Kenda's employment history and duties, noting her work involved intensive computer use, drafting documents, and managing large volumes of files. While acknowledging her duties were demanding and that she lodged incident reports for neck and shoulder pain, and later experienced symptoms in her hand and elbow, the Tribunal found that for certain conditions, specifically lateral epicondylitis and permanent impairment of the right shoulder, the evidence did not meet the legislative threshold for a compensable injury. The Tribunal accepted the Respondent's contention that there was no assessment meeting the required threshold for permanent impairment.

Consequently, the Tribunal affirmed the decisions made by Comcare in each of the decisions under review.