Parton and Comcare (Compensation)

This matter concerned an application by Ms Parton for review of Comcare’s decision to deny liability for compensation. Ms Parton alleged she sustained an injury in the primary sense, as defined by section 5A(1)(b) of the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act), when she lifted her bags at Perth Airport during a work-related trip. Comcare disputed that Ms Parton suffered an injury during her travel, arguing that any pre-existing lumbar spine condition was not significantly contributed to by her employment, and therefore did not constitute a disease under section 5B of the SRC Act. Comcare also contended that Ms Parton failed to provide written notice of the alleged injury as soon as practicable, as required by section 53(1)(a) of the SRC Act. The review was heard by Dr James Popple, Senior Member.

The Tribunal was required to determine whether Ms Parton suffered an injury in the primary sense arising in the course of her employment. It also needed to consider whether Ms Parton had a disease as defined by the SRC Act, and if an injury was found, whether she had complied with the notice requirements under section 53 of the SRC Act.

The Senior Member found, on the balance of probabilities, that Ms Parton did sustain an injury in the primary sense when collecting her bags at Perth Airport on 25 October 2014. The Tribunal accepted Ms Parton's account of the incident and her subsequent pain, distinguishing it from her pre-existing lumbar spine condition. The Senior Member determined that the injury arose in the course of her employment. Furthermore, the Tribunal found that Ms Parton's failure to provide written notice of the injury as soon as practicable was due to ignorance or mistake, and that there was a reasonable cause for this failure.

Comcare’s decision of 19 June 2015 was set aside. In its place, the Tribunal ordered that Comcare is liable to pay compensation to Ms Parton in respect of the injury sustained at Perth Airport on 25 October 2014, and that Comcare shall pay Ms Parton’s costs of the proceedings.