Matthews and Comcare (Compensation)

The matter before Ward and Durkin MM concerned an appeal by the Applicant against a decision of the Respondent, Comcare, which determined that the Applicant had no present entitlement to compensation for medical treatment and incapacity as of 25 August 2018. The Applicant's claim related to an accepted injury, and the core of the dispute was whether her employment continued to be a significant contributing factor to her ongoing incapacity.

The legal issues before the Tribunal were whether the Applicant suffered from an incapacity for work arising from her employment, and whether her employment remained a significant contributing factor to her accepted injury, despite her having taken invalidity retirement. The Tribunal was required to consider the evidence presented, including medical reports and the Applicant's own testimony, to determine the causal link between her employment and her ongoing condition.

The Tribunal found that the Applicant's evidence was credible and not subject to significant challenge. While historical issues such as her father's suicide and experiences of domestic violence were raised, the Tribunal concluded that these did not meaningfully contribute to her accepted injury. Instead, the Tribunal determined that the Applicant's employment was the accepted and ongoing cause of her condition, and that this causal link had not ceased upon her retirement. The Tribunal was satisfied that the Applicant continued to suffer from the effects of her accepted injury, which was significantly contributed to by her employment, and that she remained incapacitated for work and reasonably required medical treatment. Accordingly, the Tribunal set aside the decision under review.