Nguyen and Comcare (Compensation)

This matter concerned appeals by Ms Nguyen against decisions by Comcare to deny liability to pay compensation under the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act). The appeals related to two distinct claims: one for a "ganglion of dorsal scapholunate (right)" (the Ganglion Claim) and another for a "Triangular Fibrocartilage Complex tear with ulnar abutment (right)" (the TFCC Claim). The Tribunal was required to determine whether Ms Nguyen had suffered an injury for which Comcare was liable to pay compensation.

The primary legal issues before the Tribunal were whether the conditions claimed by Ms Nguyen constituted an "injury" as defined by the SRC Act, and if so, whether they were contributed to, to a significant degree, by her employment with the Australian Taxation Office (ATO). Specifically, for the Ganglion Claim, the Tribunal considered whether it was a disease, or an aggravation of a disease, or an injury (other than a disease), or an aggravation of an injury, arising out of or in the course of her employment. For the TFCC Claim, the Tribunal examined whether it was an injury (other than a disease) that arose out of, or in the course of, her employment.

The Tribunal found that Ms Nguyen had a ganglion and a TFCC tear in her right wrist, accepting the medical evidence supporting these diagnoses. In relation to the Ganglion Claim, the Tribunal determined that it was contributed to, to a significant degree, by Ms Nguyen's employment with the ATO, considering the duration of her employment and the nature of her desk-based role involving extensive keyboard and mouse use. The Tribunal noted that while there were discrepancies in Ms Nguyen's recall of specific dates and events, these did not negate the overall causal link between her employment and the condition. The Tribunal also considered the TFCC Claim, and in its reviewable decision, affirmed the denial of liability for this claim. The Tribunal also declined to exercise its discretion to award costs.