Kropp and Comcare (Compensation)

This matter concerned an application by Mr Kropp (the Applicant) against Comcare (the Respondent) regarding a claim for workers' compensation. The Applicant sought compensation for a condition described as "trigger finger (right)", alleging it was an ailment or an aggravation of an ailment contributed to, to a significant degree, by his employment with the Australian Federal Police (AFP). The Administrative Appeals Tribunal (AAT) was required to determine whether the Applicant suffered from the claimed condition and, if so, whether his employment with the AFP significantly contributed to it.

The legal issues before the Tribunal were twofold: first, whether the Applicant currently suffered from the condition of "trigger finger (right)"; and second, if he did, whether this condition was contributed to, to a significant degree, by his employment with the AFP. The Tribunal's role on review was to stand in the shoes of the original decision-maker and make its own determination based on the evidence before it, applying the principles established in cases such as *McDonald v Director-General of Social Security* and *Comcare v Power*.

The Tribunal considered the evidence of the Applicant's extensive duties with the AFP, which involved both office-based work requiring significant computer use and "out of office" activities at various events. It also considered the incident on 20 January 2015 where the Applicant sustained an injury to his left thumb. The Tribunal noted that while a temporal connection between employment and an ailment could be inferred, expert medical opinion was required to establish a causal relationship. The Tribunal found that the Respondent had not discharged its practical onus to persuade the Tribunal that there was no liability for the claimed condition.

Consequently, the Tribunal determined that the Reviewable Decision, which had denied liability, was made in error. The Tribunal set aside the Reviewable Decision and substituted it with a determination accepting liability under section 14 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth), reinstating the original determination made on 5 August 2016.