McCracken and Comcare (Compensation)

This matter concerned an application by the Applicant against Comcare, concerning a claim for compensation under the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act). The Applicant sought compensation for bilateral carpal tunnel syndrome, alleging that her employment had contributed to an ailment or an aggravation of an injury. The dispute centred on whether the Applicant's employment had contributed to a significant degree to the aggravation of a non-work-related ailment, thereby constituting a 'disease' as defined by the Act.

The Tribunal was required to determine three key issues: first, whether the Applicant suffered an ailment; second, whether that ailment was contributed to, to a significant degree, by her employment with the Department; and third, whether the Applicant suffered an aggravation of a non-work-related ailment which was contributed to, to a significant degree, by her employment. The Applicant's employment history, which included extensive periods of repetitive data entry, was presented as evidence.

In its reasoning, the Tribunal referred to the definitions of 'ailment' and 'disease' within the SRC Act and relevant case law. It noted that for an aggravation of a non-work-related condition to be compensable, there must be evidence of a physiological change to the condition caused by employment, not merely the experience of pain or symptoms. The Tribunal found no evidence of such a physiological change in the Applicant's bilateral carpal tunnel syndrome. Furthermore, even if the experience of pain at work from an underlying ailment were sufficient, the medical evidence did not support a finding that the Applicant's symptoms were significantly contributed to by her work.

Consequently, the Tribunal was not satisfied that the Applicant had suffered an 'injury' for which Comcare was liable to pay compensation under section 14(1) of the SRC Act. The decision under review was affirmed.