Mozsny and Comcare (Compensation)

This matter concerned an appeal by Ms Mozsny against a decision by Comcare to reject her claim for compensation for an injury to her left knee. The injury was sustained at a weekend social function held at a winery, organised by a work colleague, and attended by approximately half of the staff from Ms Mozsny's office. The facts of the matter were not in dispute, and the Deputy President found both Ms Mozsny and Ms Tait, the service centre manager, to be honest witnesses.

The central legal issue before the Tribunal was whether Ms Mozsny's knee condition constituted an "injury arising out of, or in the course of" her employment with the Department of Human Services, as defined by the Safety, Rehabilitation and Compensation Act 1988 (Cth). The Tribunal was bound to apply the provisions of the Act as interpreted by the courts, particularly the High Court of Australia, and was not at liberty to exercise discretion based on notions of fairness.

The Tribunal applied the principles established in *Hatzimanolis v ANI Corporation Limited*, which guides the assessment of whether an injury sustained during an interval or interlude within an overall period or episode of work occurs in the course of employment. The High Court indicated that such intervals are more readily considered part of the course of employment if the employer has expressly or impliedly induced or encouraged the employee to spend that interval at a particular place or in a particular way. In this case, the Tribunal found that the use of Departmental time and resources by a colleague in organising the event did not equate to encouragement or direction from the employer to attend. Consequently, the Tribunal concluded that Ms Mozsny's injury did not arise out of or in the course of her employment.

The Tribunal affirmed the reviewable decision of Comcare, which had denied liability to pay compensation to Ms Mozsny for her left knee injury sustained on 10 December 2016. Ms Mozsny is not entitled to compensation under the Act, subject to her appeal rights.