LHHL and Comcare (Compensation)

This matter concerned an appeal by LHHL against a decision by Comcare regarding compensation for previously accepted injuries. The dispute centred on whether the applicant continued to suffer from the effects of a compensable injury, specifically subacromial bursitis and secondary complex regional pain syndrome, and consequently remained entitled to medical expenses and incapacity payments. The decision was made by Ms S Taglieri SC, Member, of the Tribunal.

The legal issues before the Tribunal were whether the applicant was still suffering from the effects of the original compensable injury and, if so, whether this entitled her to ongoing medical expenses and incapacity payments. The Tribunal was required to assess the nature of the original compensable injury and determine if its effects were continuing, particularly in light of the development of secondary complex regional pain syndrome.

The Tribunal accepted the applicant's evidence regarding the significant increase in computer-based work, including extensive mouse-work in a prolonged and extended shoulder position, which contributed to her symptoms. While acknowledging some minor inconsistencies in the applicant's evidence, the Tribunal found them largely explained or due to misunderstandings. The Tribunal was satisfied that the applicant continued to suffer from the effects of the compensable condition, secondary complex regional pain syndrome. Consequently, the Tribunal set aside the reviewable decision, finding it erroneous in its conclusion that the applicant no longer suffered from the effects of a compensable condition, and remitted the matter to Comcare for further action.