Lillo and Comcare

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2007] AATA 1376

ADMINISTRATIVE APPEALS TRIBUNAL      )

GENERAL ADMINISTRATIVE DIVISION        )          No 2004/1317

)          No 2005/713

)         No 2005/1034
Re		Francisco Javier Lillo

Applicant

And  Comcare

Respondent

DECISION

Tribunal  Senior Member R Hunt & Member Dr M Thorpe

Date 29 May 2007

Place Sydney

Decision  The decisions under review are affirmed.

…............[Sgd].................

R Hunt

Presiding Member

11.      On 16 April 2004, Comcare notified Mr Lillo of its determination that he was no longer entitled to compensation pursuant to ss 14, 16, 19 and 29 of the Act, on and from 13 April 2004. Comcare also advised Mr Lillo that it did not accept liability for a depressive condition or sleep disorder condition and that it would not bear the cost of further counselling. On 6 August 2004, an Independent Review Officer (IRO) affirmed the determination that Comcare would pay no more compensation from 13 April 2004. The notification letter to Mr Lillo clarified that, “(T)o the extent that section 14 of the [SRC] Act 1988 permits, I determine that there is no further entitlement  to compensation in respect of the injury in accordance with section 16 (medical treatment), section 19 (incapacity payments) and section 29 (household assistance) …”. With the determination, the delegate enclosed the letter of 10 March 2004, in which Comcare first notified Mr Lillo that it had decided he was no longer suffering the effects of the injuries he sustained on 26 June 2003. Medical evidence on which Comcare relied was set out in that letter.

Mr Lillo’s Evidence

12.      Mr Lillo gave evidence that the accident in June 2003 happened as he was walking through the Galleries Victoria on his way to work at the ATO. As he was approaching an escalator, his right foot became caught under a carpet and he fell forward heavily onto his chest. Mr Lillo said he could not save himself because he was carrying a briefcase, a bottle of water and a plastic bag containing some fruit when he fell. He told us he received a very strong impact on the chest, the stomach, and the knee. Mr Lillo said a lady picked him up. He indicated that she had grabbed him by the collar of his shirt or jacket, dragged him away from the escalator and propped him in a seated position against a wall. When he had recovered sufficiently, he continued on his way to work and reported the fall. He said he left work early and went home before going to see Dr Carl Robalino.

13.      Mr Lillo said his son drove him to the doctor. Dr Robalino prescribed a pain killer and anti-inflammatory medication. Dr Robalino gave him a certificate as well, which certified Mr Lillo as unfit for work until about 14 July 2003. The doctor also referred Mr Lillo to a specialist, Dr David Manohar. Mr Lillo recalled that Dr Manohar sent him for a bone scan around 10 July 2003. A report of the scan…