Molina and Comcare (Compensation)

This matter concerned an appeal by an applicant against a decision of Comcare, which had affirmed a determination that the applicant was not entitled to compensation for medical expenses or incapacity payments. The applicant had suffered two accepted lower back injuries: one in 1994 when she tripped on a paver, and another in 1996 while moving boxes at work. The core dispute was whether the applicant continued to suffer from the effects of these compensable injuries.

The court was required to determine whether the applicant presently suffered from the effects of her accepted lower back injuries and, consequently, whether she remained entitled to compensation for medical treatment and incapacity payments. This involved assessing the ongoing impact of the 1994 and 1996 injuries in light of medical evidence and the applicant's own account of her symptoms and treatment.

The court considered extensive medical evidence, including reports from general practitioners, orthopaedic specialists, and neurologists. While some early reports suggested improvement and a good prognosis, later assessments indicated a chronic soft tissue injury, with one specialist opining that any aggravation from the 1996 injury was temporary and would have resolved within six weeks. The applicant maintained that she had experienced continuous pain and reduced mobility since the 1994 injury, attending regular physiotherapy and performing exercises. However, the court noted discrepancies in her account of the 1994 incident, specifically agreeing that she had stumbled but not fallen. Ultimately, the court found that the applicant's workplace injuries had resolved by 2015.

Based on the finding that the applicant's workplace injuries had resolved by 2015, the court concluded that she was not entitled to compensation for medical treatment or incapacity payments. Accordingly, the decisions under review were affirmed.