Pito and Comcare (Compensation) [2019] AATA 1347 (20 June 2019)
Administrative Appeals Tribunal
ADMINISTRATIVE APPEALS TRIBUNAL )
) No: 2017/5548) 2018/1999
) 2018/2760
General Division )
Re: Josephine Pito
Applicant
And: Comcare
RespondentCORRIGENDUM
TRIBUNAL: Member R West
DATE OF CORRIGENDUM: 12 July 2019
PLACE: Melbourne
The Tribunal directs the Registrar, pursuant to subsection 43AA(1) of the Administrative Appeals Tribunal Act 1975, to alter the text of the decision in this application as follows:
- Delete the orders stated on pages 1 and 2 of the decision and replace them with:
1. The decision of the delegate of the Respondent dated 22 August 2017 in Matter 2017/5548 is affirmed.
2. The decision of the delegate of the Respondent dated 16 March 2018 in Matter 2018/1999 is set aside.
3. The decision of the delegate of the Respondent dated 9 May 2018 in Matter 2018/2760 is set aside.
4. In substitution for the decisions set aside in paragraphs 2 and 3 above the Tribunal decides that, on and from 7 November 2014 the Applicant suffered an injury, namely an aggravation of chronic pain syndrome for which the Applicant is entitled to compensation pursuant to section 14 the Safety Rehabilitation and Compensation Act 1988.
5. Costs are reserved
- Delete paragraphs 176 to 180 (inclusive) of the Reasons for Decision and replace them with:
176. Accordingly, the decisions of the delegate of the Respondent dated 16 March 2018 in Matter No. 2018/1999 and dated 9 May 2018 in Matter 2018/2760 to deny liability to the Applicant, under s. 14 of the SRC Act, are each set aside.
177. Having found that the physiological effects of the Applicant’s right ankle sprain had resolved by 10 February 2017 the Tribunal affirms the decision of the delegate of the Respondent dated 22 August 2017 in Matter 2017/5548.
178. The Tribunal makes the following orders:
1. The decision of the delegate of the Respondent in Matter 2017/5548 that there was no present entitlement to compensation benefits under s. 16 and 19 of the SRC Act for ‘ankle sprain (right)’ is affirmed.
2. The decision of the delegate of the Respondent dated 16 March 2018 in Matter 2018/1999, to deny liability to the Applicant under s. 14 of the SRC Act, is set aside.
3. The decision of the delegate of the Respondent in Matter 2018/2760, to deny liability to the Applicant under s. 14 of the SRC Act is set aside.
4. In substitution for the decisions set aside in paragraphs 2 and 3 above the Tribunal decides that, on and from 7 November 2014 the Applicant suffered an aggravation of chronic pain syndrome resulting from a right ankle injury sustained in the course of her employment on 7 November 2014 for which the Applicant is entitled to compensation pursuant to section 14 the SRC Act.
- Renumber Paragraph 181 as paragraph 179.
...........[sgd]........................................................
Member R West
Division:GENERAL DIVISION
File Numbers: 2017/5548, 2018/1999 and 2018/2760
Re:Josephine Pito
APPLICANT
AndComcare
RESPONDENT
Decision
Tribunal:
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- Pito and Comcare (Compensation) [2019] AATA 1347
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- [2019] AATA 1347
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CaseChat Overview and Summary
The legal issues before the Tribunal included determining whether, under section 14(1) of the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act), the Applicant was suffering from chronic pain syndrome or chronic regional pain syndrome (or their aggravation), and/or aggravation of adjustment disorder, as a sequelae to the right ankle sprain sustained on 7 November 2014. Crucially, the Tribunal was required to ascertain whether these conditions constituted an "injury" as defined by the SRC Act, suffered by the Applicant as an employee, and resulting in death, incapacity for work, or impairment. A significant preliminary issue was the extent of the Tribunal's jurisdiction, specifically whether it could consider the Applicant's entire employment injury history and its consequences, or if its review was confined to the specific injury and conditions identified in the claim dated 7 November 2017.
The Applicant contended that the Tribunal's jurisdiction was not limited to the consequences of the 7 November 2014 injury but extended to all employment injuries that had resulted in incapacity for work, including earlier claims for phlebitis and thrombophlebitis of the lower extremities and sprain of the left knee and leg. The Applicant argued that the Respondent's focus on individual "claims" rather than the "injury" was the source of confusion regarding the Tribunal's jurisdiction. The Tribunal acknowledged these submissions and reserved its decision on the jurisdictional question until after hearing evidence at the substantive hearing, indicating that the scope of its review was a central point of contention.
Orders
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Background
Background to the litigation
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Evidence
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