Parker and Comcare (Compensation)

This matter concerned an application for review of a reconsideration decision made by Comcare. The applicant, Ms Parker, sought compensation for injuries, including thoracic outlet syndrome, which she alleged resulted from medical treatment. The dispute centred on whether the Administrative Appeals Tribunal (AAT) had jurisdiction to determine Ms Parker's entitlement to compensation for this condition.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to determine if Ms Parker had sustained an injury under section 4(3) of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) for which Comcare was liable to pay compensation. This question arose in the context of Ms Parker's claim for compensation for thoracic outlet syndrome, which she argued was a consequence of earlier accepted conditions and subsequent medical interventions.

The Tribunal determined that it lacked jurisdiction because Ms Parker had not provided notice of an injury, nor had she made a claim for compensation in respect of the thoracic outlet syndrome prior to the reconsideration decision. The Tribunal applied the principles that compensation is not payable unless a claim for compensation has been made, and that notice of an injury must be given. It found that the information provided by Ms Parker did not constitute substantial compliance with the requirements for notice of an injury or a claim for compensation for the specific condition of thoracic outlet syndrome. Consequently, the Tribunal concluded that it could not proceed to determine the merits of Ms Parker's claim.