Moore and Comcare (Compensation)

This matter concerned an appeal by Ms Moore against a decision by Comcare regarding a claim for workers' compensation. Ms Moore alleged that she suffered an injury to her right ear, specifically tinnitus and an outward bulging of her eardrum, as a result of a faulty headset used during her employment. The dispute centred on whether this condition constituted an "injury" or "disease" as defined by the relevant legislation, and whether Comcare was liable to pay compensation.

The Tribunal was required to determine two primary legal issues. Firstly, whether Ms Moore suffered either an injury that arose out of, or in the course of, her employment, or a disease that was contributed to, to a significant degree, by her employment. Secondly, the Tribunal had to consider whether Comcare was liable to pay compensation to Ms Moore under section 14 of the Act.

In reaching its decision, the Tribunal considered the evidence presented by Ms Moore, including her statement detailing the incident of a buzzing noise from a faulty headset on 31 October 2013, and the subsequent medical advice received. The Tribunal also had regard to the report from Dr Robin Hopper, a Consultant Otolaryngologist, which described Ms Moore's symptoms. The Tribunal found that there was no sudden or identifiable physiological change arising out of or in the course of employment, nor was there sufficient evidence to establish that the employment contributed to a significant degree to any disease. Consequently, the Tribunal affirmed the decision under review.