Mercado and National Australia Bank Limited (Compensation)

This matter concerned a claim for compensation by Ms Mercado against National Australia Bank Limited. The Applicant alleged that she suffered from right extensor carpi ulnaris tenosynovitis affecting her right wrist and forearm, and that this condition arose out of or during the course of her employment with the Respondent. The decision under review was set aside by the Tribunal.

The legal issues before the Tribunal were whether the Applicant suffered an incapacity or impairment, and whether this condition arose out of or during the course of her employment with the Respondent, thereby giving rise to an entitlement to compensation under the Safety, Rehabilitation and Compensation Act 1988 (Cth). In determining these issues, the Tribunal was required to consider various factors, including the duration and nature of the Applicant's employment, any predispositions, and other relevant matters affecting her health, as stipulated by section 5B(2) of the Act.

The Tribunal found the Applicant to be a credible witness, noting her consistent and forthright evidence. The Applicant, a long-term employee of approximately 20 years, described her role as involving highly repetitive and prolonged computer use, estimated to occupy 95% of her time, and that she was right-hand dominant. While she recalled playing volleyball for a short duration two days before experiencing pain, the Tribunal observed this activity was not competitive or regular, and her home gardening was light. Medical evidence indicated a diagnosis of extensor carpi ulnaris tenosynovitis, a TFCC injury, and ulnar positive variance, leading to surgery. Despite a slow recovery, she had returned to work with a slight reduction in typing. The Tribunal concluded that the Applicant's condition arose out of or in the course of her employment.

Consequently, the Tribunal set aside the decision under review and substituted a decision in favour of the Applicant. It was determined that the Applicant suffered incapacity and impairment as a result of the tenosynovitis condition, which arose out of or in the course of her employment, entitling her to compensation. The Respondent was also ordered to pay the Applicant's costs and disbursements.