NEAL Kara v Comcare

[2010] AATA 1031

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2010] AATA 1031

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          Nos  2007/2448, 2009/4384,

GENERAL ADMINISTRATIVE DIVISION		)                   2009/4385 & 2009/5484
Re		NEAL KARA

Applicant

And COMCARE

Respondent

CORRIGENDUM TO DECISION NO. [2010] AATA 1031

TRIBUNAL:             Deputy President D G Jarvis

DATE:                      22 December 2010

PLACE:                   Adelaide

The Tribunal directs the Registrar, pursuant to subsection 43AA(1) of the Administrative Appeals Tribunal Act 1975 (Cth), to alter the text of the decision in the within proceedings by deleting the date “21 August 1997”, on page 1, paragraph 1(a) and page 46, paragraph 138(a)(i), and replacing that date with “28 July 1997”, being the correct date of the applicant’s accident.

D G Jarvis
  (Deputy President)

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2010] AATA 1031

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          Nos  2007/2448, 2009/4384,

GENERAL ADMINISTRATIVE DIVISION		)                   2009/4385 & 2009/5484
Re		NEAL KARA

Applicant

And COMCARE

Respondent

DECISION

Tribunal Deputy President D G Jarvis
Professor PL Reilly, AO, Member

Date20 December 2010

PlaceAdelaide

Decision

1.        In matters numbered 2007/2448 and 2009/4384, the tribunal sets aside the decisions under review, and in place of those decisions, decides that:

(a) Comcare is liable for compensation under s 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act) for severe bruising to chest and right shoulder with damage to AC joint region, chronic pain syndrome and chronic adjustment disorder, hearing loss, tinnitus, headaches, lumbar sprain, left buttock pain, lipomas at the site of soft tissue injury sustained in a motor vehicle accident on 28 July 1997, digestive disorder comprising or entailing gastritis or functional dyspepsia and irritable bowel syndrome, and closed fracture of ribs sustained in the accident;

           (b)       during the period from 1 November 2006 up to and including the date of this decision, the applicant has no entitlement to compensation under the SRC Act for severe bruising to the chest and right shoulder or any closed fractures of the ribs;

           (c)       subject to paragraph (e), on and from 1 November 2006 and up to and including the date of this decision, Comcare is liable for compensation for the applicant’s ongoing chronic pain syndrome and chronic adjustment disorder, damage to the AC joint region, hearing loss, tinnitus, headaches, an aggravation of the degenerative condition of the applicant’s lumbar spine, lipomas, left buttock pain and a digestive disorder comprising or entailing gastritis or functional dyspepsia and irritable bowel syndrome;

(d) Comcare is liable for compensation under s 24 of the SRC Act for permanent impairment in respect of chronic pain syndrome and chronic adjustment disorder, and the degree of permanent impairment in respect of those injuries is 10%; and

(e) Comcare is not liable for compensation under s 24 of the SRC Act for permanent impairment in respect of the right shoulder condition, hearing loss, tinnitus, headaches, aggravation of the degenerative condition of the lower spine, left buttock pain, lipomas or the gastric disorder.

2.        In matter numbered 2009/4385, the tribunal sets aside…