Mortimer and Comcare (Compensation)

This matter concerned an appeal by Mr Allan Mortimer against a decision by Comcare. Mr Mortimer claimed to have suffered a back injury on 22 April 2015 while moving boxes at work, which he contended continued to affect him. Comcare's position was that any injury sustained on that date was a musculo-ligamentous strain that had resolved by November 2015, and that his ongoing symptoms were due to a pre-existing degenerative condition. The case was heard by Deputy Ian Hanger AM QC.

The primary legal issues before the court were whether Mr Mortimer continued to suffer the effects of an injury that arose out of, or in the course of, his employment, and whether he continued to suffer the effects of a disease which was contributed to, to a significant degree, by his employment with the Commonwealth. Specifically, the court had to determine if the aggravation of his lumbar sprain had resolved as at the date of the reviewable decision, thereby ending Comcare's liability to pay compensation under sections 16 or 19 of the *Safety Rehabilitation and Compensation Act 1988*.

The court considered evidence regarding Mr Mortimer's medical history, including a prior back injury in 2011 and a degenerative condition of his L4/5 facet joint. It noted that while Comcare accepted liability for "lumbar back pain-facet joint dysfunction mild degenerative disc disease" following the 2015 incident, their contention was that the effects of the injury had ceased by 24 November 2015. The court referenced expert medical opinions, including that of Dr Rohrsheim, who opined that Mr Mortimer's condition was mostly one of normal ageing and that the work incident on 22 April 2015 was an aggravation rather than the cause of the underlying degenerative condition. The court also noted that Dr Pitcher, Mr Mortimer's GP, had certified him as fit for permanently modified duties as per his return to work plan on 24 November 2015.

The reviewable decision was affirmed, meaning Comcare was found to have no further liability to pay compensation to Mr Mortimer for the injury in question after 24 November 2015.