Mudaliar and Comcare (Compensation)

This matter concerned an appeal by the Applicant, Ms. Mudaliar, against a decision by Comcare regarding her entitlement to compensation. The Applicant claimed that her employment, which involved typing and using a mouse, caused her to develop pain in her elbows and hands, which she was diagnosed with as tennis and golfer's elbow. Comcare had denied her claim, and the appeal was heard by Chris Puplick AM, Senior Member, of the Tribunal.

The central legal issue before the Tribunal was whether the Applicant's condition was caused by her employment, as required by section 14 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth), or if it was a result of natural aging or a pre-existing constitutional predisposition. The Tribunal was tasked with weighing the contradictory medical evidence and determining which claim carried greater weight.

The Tribunal acknowledged the genuine pain and discomfort experienced by the Applicant, noting her direct evidence and openness. However, the Applicant's own evidence revealed a long history of joint pain, including in her elbows, knees, and wrists, dating back to at least 2014. Medical records corroborated this history of multiple joint pains. Despite the Applicant's assertion that her employment exacerbated her condition, the Tribunal found that the evidence pointed towards her condition being a result of natural aging and a constitutional predisposition rather than being caused by her work duties.

Consequently, the Tribunal affirmed the decision under review, meaning the Applicant's claim for compensation was not upheld.