Marinov and Comcare

[2006] AATA 223

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2006] AATA 223

ADMINISTRATIVE APPEALS TRIBUNAL      )

)A2003/460

)A2006/35

GENERAL ADMINISTRATIVE  DIVISION		)
Re		VLADISLAV MARINOV

Applicant

And COMCARE

Respondent

DECISION

Tribunal Mr S. Webb, Member
Dr M. Miller, Member

Date10 March 2006

PlaceCanberra

Decision The decisions under review are affirmed.

..............................................

Mr S. Webb, Presiding Member

CATCHWORDS

COMPENSATION - liability – determination to accept liability for regional pain syndrome - consent decision of Tribunal finding regional pain syndrome resolved – consent decision disputed – claim for regional pain syndrome and psychological sequela of physical injuries – eccentric behaviour and subjective symptomatology - conflicting medical evidence - credit - evidence not sufficient to disturb previous Tribunal findings and decision – no identifiable psychiatric disorder – eccentric behaviour does not equate to injury - no aggravation of previous compensable condition - decisions affirmed

Administrative Appeals Tribunal Act 1975 ss 33, 42C

Safety, Rehabilitation and Compensation Act 1988 ss 4, 14, 16, 19, 24, 62

Lees v Comcare (1999) 29 AAR 350

Hannaford v Telstra Corporation Limited [2005] FCA 1298

Riddle v Telstra Corporation Limited [2006] FCA 58

Commonwealth v Muratore (1978) 141 CLR 296

Comcare v  Nichols [1999] FCA 209

Re Beer and Australian Telecommunications Commission [1990] AATA 5974

Comcare v Grimes (1994) 19 AAR 422

Re Matusko and Australian Postal Corporation (1995) 21 AAR 9

Re Lewis and Comcare [2000] AATA 158

Morales v Minister for Immigration and Multicultural Affairs (1998) 154 ALR 51

Re Quin and Australian Postal Corporation (1992) 15 AAR 519

Re Liu and Comcare (2004) 79 ALD 119

Re Beer and Telstra Corporation Limited [1994] AATA 9838

Comcare v Mooi (1996) 69 FCR 439

Treloar v Australian Telecommunications Commission (1990) 26 FCR 316

Federal Broom Co. Pty. Limited v. Semlitch (1964) 110 CLR 626

Wiegand v Comcare (2002) 72 ALD 795

REASONS FOR DECISION

10 March 2006 Mr S. Webb, Member
Dr M. Miller, Member          

1.      By this application Vladislav Marinov is seeking relief from reviewable decisions by Comcare (dated 3 December 2003 and 10 February 2006) to deny his claims for compensation in relation to a bilateral upper limb condition (regional pain syndrome), which it is alleged arose as a result of repetitive keying duties in his employment by the Department of Defence, and an unspecified psychological condition, which it is alleged arose from his previously accepted physical injuries.

2.      The matter is complicated by Mr Marinov’s assertion that a prior consent decision of the Tribunal, the terms of which he agreed at the time, whereby it was decided that his compensable regional pain syndrome had resolved on 26 July 2002, was incorrect.

3.      The matter came on for hearing in Canberra on 21 February 2006.  Mr Marinov gave oral evidence and was represented by Mr C. Erskine, counsel.  Comcare was represented by Ms L. Walker, counsel.  Drs W. Lucas, J. Bobba, B. Stevens, W. Glaser, V. Pascall and Professor J. Lance gave oral evidence.  Materials were tendered and labelled for identification.

4.      For reasons…