MacRae and Australian Capital Territory (Compensation)

This matter concerned an appeal by an Australian Capital Territory employee, Ms. MacRae, against a decision by the respondent denying present liability to pay compensation for a shoulder injury sustained at work on 13 January 2018. The respondent had reconsidered its determination of liability and concluded it was not liable for any period after a specified date. The appeal was heard by C. J. Furnell SM.

The primary legal issues before the Tribunal were whether the respondent could validly deny all future present liability to compensate the applicant, whether the effects of the applicant's injury were continuing, and specifically, whether a superior labral tear of the left shoulder was encapsulated within the accepted condition. The Tribunal also considered the burden of persuasion regarding the continuing effects of the injury, particularly in light of a previous injury to the applicant's left shoulder.

The Tribunal reasoned that the respondent could not unilaterally decide it would never have future present liability to compensate the applicant. However, after considering the medical evidence, including the opinion that a superior labral tear was not a result of the accepted injury and that other potential soft tissue injuries or aggravations would likely resolve within months with conservative treatment, the Tribunal was not satisfied that the applicant continued to suffer the effects of her January 2018 injury after 13 June 2018, nor that she was currently suffering from those effects. The Tribunal therefore decided that the respondent was not presently liable to compensate the applicant for the injury after 13 June 2018 up to the date of the decision.