Martin and Comcare (Compensation)

This matter concerned an appeal by the applicant, Mr Martin, against a decision by Comcare regarding compensation for a diagnosed condition. The applicant, who worked in IT, experienced pain and tightness in his forearm which he attributed to his work activities, particularly typing. Despite initial symptom relief when ceasing typing, the pain recurred upon resuming work and was exacerbated by other activities. The applicant sought compensation under the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act), alleging his employment significantly contributed to his condition or its aggravation.

The primary legal issues before the Tribunal were whether the applicant suffered from Chronic Exertional Compartment Syndrome (CEC Syndrome) and, if so, whether his employment with ASD contributed to the condition to a significant degree or significantly aggravated an existing condition. The Tribunal was required to assess the medical evidence presented by various specialists to determine the correct diagnosis and the causal link between the applicant's work duties and his symptoms.

The Tribunal found the medical evidence strongly supported a diagnosis of CEC Syndrome, particularly the opinions of treating and independent medical examiners, including the applicant's treating orthopaedic surgeon whose proposed surgery was based on this diagnosis. The Tribunal was persuaded by the coherence and consistency of the medical opinions supporting the diagnosis, noting that while some doctors expressed reservations, these were outweighed by the substantial evidence favouring CEC Syndrome. Furthermore, the Tribunal was satisfied that the applicant's employment significantly contributed to his condition. This conclusion was based on the applicant's work history, the nature of his duties involving extensive keyboard use, the absence of prior symptoms or similar conditions, and the fact that non-work-related activities did not provoke symptoms. The Tribunal noted that the applicant's condition developed after nearly two years of employment, during which keyboard work constituted the majority of his duties, and that no other identified causes had provoked symptoms.

Consequently, the Tribunal set aside Comcare's decision and substituted a new decision finding Comcare liable to pay compensation to the applicant for his CEC Syndrome under section 14 of the SRC Act.