Kirk and Comcare (Compensation)

This matter concerned an application for review of Comcare's decision to deny compensation to the Applicant for widespread disc degeneration and osteoarthritis affecting her entire spine, or an aggravation thereof. The Applicant claimed injury on or about 10 September 1997, or that her condition arose from the nature and conditions of her employment between September 1997 and 23 October 2015. The proceeding was heard by Deputy R I Hanger Am Qc P.

The court was required to determine whether Comcare was liable to pay compensation for the Applicant's spinal condition, specifically widespread disc degeneration and osteoarthritis, or an aggravation of such a condition, that arose out of, or in the course of, her employment. This involved assessing whether her employment contributed to the ailment or its aggravation to a material or significant degree. The court also considered whether Comcare was liable to pay for medical treatment under section 16 of the *Safety, Rehabilitation and Compensation Act 1988*, including general practitioner consultations and pharmaceuticals.

The court found that the Applicant's evidence regarding the 1997 incident was inconsistent, describing it at best as a relatively minor injury. While some medical experts suggested that the 1997 incident and subsequent aggravations may have contributed to her ongoing discomfort, the court gave greater weight to the opinions of other experts, including Dr Khurana and Dr Whittaker. These experts concluded that the Applicant suffered from a natural degenerative condition of the spine, potentially genetic in origin, which was not sufficiently connected to her employment. The court was not satisfied that the widespread disc degeneration and osteoarthritis, or an aggravation thereof, was in any way connected with her employment.

The decisions under review were affirmed.