Lolic and Comcare (Compensation)

This matter concerned an appeal by Ms Lolic against Comcare's denial of liability for compensation under the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act). The dispute centred on whether Ms Lolic's degenerative cervical spine condition, which caused symptoms of cervical radiculopathy, was an injury or an ailment that was contributed to, to a significant degree, by her employment. Comcare had argued that Ms Lolic was suffering from a degenerative condition that had worsened but was not caused or aggravated by her work.

The legal issues before the Tribunal were whether Ms Lolic had suffered an "injury simpliciter" or a "disease" within the meaning of the SRC Act, and if so, whether her employment had contributed to it to a significant degree. Specifically, the Tribunal had to determine if Ms Lolic's repetitive mouse and keyboard use constituted an injury to her wrist, shoulder, and neck, or if her pre-existing degenerative spinal condition, which was accepted as an ailment, had been aggravated by her work.

The Tribunal accepted that Ms Lolic suffered from a degenerative cervical spine condition, evidenced by MRI scans, and that she was a credible witness. While acknowledging the degenerative nature of the condition and the lack of evidence that her work caused the underlying disease, the Tribunal found that her employment likely aggravated this pre-existing ailment. The Tribunal also considered the possibility of a functional element to some of her symptoms, as noted by an expert. Ultimately, the Tribunal set aside Comcare's decision.

The Tribunal ordered that Comcare is liable to pay compensation to Ms Lolic for her injuries under section 14 of the SRC Act. The matter was remitted to Comcare for reconsideration of compensation in accordance with sections 16 and 19 of the SRC Act, specifically in respect of reasonable medical expenses and incapacity for work.