Mustica and Comcare (Compensation)

This matter concerned an appeal by Mr. Mustica against a decision by Comcare which denied his claim for compensation for a knee injury. Mr. Mustica sustained the injury while jogging to catch a staff shuttle bus after finishing his shift at Terminal 2. The dispute centred on whether the injury arose out of, or in the course of, his employment, as required by section 5A of the *Safety, Rehabilitation and Compensation Act 1988* (Cth). The decision was made by Deputy Principal Registrar D. J. Morris SM.

The court was required to determine whether Mr. Mustica's knee injury, sustained after he had completed his work duties and was travelling to a staff car park via a public concourse to catch a shuttle bus, arose out of or in the course of his employment. Specifically, the court had to consider if there was a sufficient causal connection between the injury and his employment, given that the shuttle bus was used by various airport personnel and the staff car park was not exclusively controlled by his employer.

Deputy Principal Registrar Morris SM reasoned that while Mr. Mustica had left the immediate work area and was traversing public spaces, his employment could extend beyond the strict performance of duties. Applying principles from established authorities, including *Stewart v Metropolitan Water, Sewerage & Drainage Board* and *Weaver v Tredegar Iron and Coal Company, Limited*, the court considered that employment can continue for a reasonable extension in both time and space beyond the physical workplace, particularly when an employee is using a facility or means of access permitted by their employment. The court found that Mr. Mustica's actions in leaving the terminal and proceeding towards the shuttle bus, which was a means of accessing the staff car park, constituted a reasonable egress from his workplace.

Consequently, the reviewable decision of 12 January 2018 was set aside. The court substituted a new decision finding that Mr. Mustica suffered an injury to his right knee that arose out of his employment on 7 September 2017, and that Comcare was liable to pay compensation under section 14 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth). The court also made directions regarding costs.