Kumatia and Comcare (Compensation)

This matter concerned an appeal by Christiana Kumatia against a decision by Comcare to reject her claim for medical treatment expenses related to low back pain and radiating leg pain. Ms Kumatia, a phlebotomist, had previously suffered a fractured left distal fibula after slipping and falling on wet grass during the course of her duties. While Comcare accepted liability for the fracture, it rejected her subsequent claim for treatment of the back and leg symptoms, a decision that was affirmed on reconsideration. The Administrative Appeals Tribunal was tasked with reviewing Comcare's decision.

The primary legal issue before the Tribunal was whether Ms Kumatia's low back pain and radiating leg pain constituted an injury for which she was entitled to compensation under the *Safety, Rehabilitation and Compensation Act 1988* (Cth). This required the Tribunal to determine the causal connection, if any, between her accepted workplace injury (the fractured fibula) and the subsequent onset of her back and leg symptoms, and to assess the credibility of her evidence regarding the timing and nature of these symptoms.

The Tribunal found Ms Kumatia to be an uncertain witness, noting inconsistencies in her evidence, particularly concerning when her back pain first manifested. However, the Tribunal preferred the evidence of Dr Pillemer, an orthopaedic surgeon, who concluded that Ms Kumatia's altered gait, resulting from her accepted lower limb injury, significantly contributed to her low back ailment. The Tribunal was reasonably satisfied that Ms Kumatia had sustained a low back injury as of 9 August 2016, in respect of which she was entitled to compensation under section 14 of the Act.

The Tribunal set aside Comcare's decision under review. It determined that Ms Kumatia was entitled to compensation for her low back injury. However, the determination of her entitlement to compensation for medical treatment expenses under section 16 of the Act was remitted back to Comcare for determination. The parties were invited to make submissions on costs.