Pollard and Comcare

[2003] AATA 302

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2003] AATA 302

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          Q2001/155
  )          Q2001/891

GENERAL ADMINISTRATIVE  DIVISION		)
Re		AMANDA JULIE POLLARD

Applicant

And COMCARE

Respondent

DECISION

Tribunal Deputy President Don Muller

Date1 April 2003

PlaceBrisbane

Decision The Tribunal affirms the decisions that no further amounts of compensation are payable to the Applicant.

...............Signed................................

D.W. MULLER

DEPUTY PRESIDENT

CATCHWORDS

WORKERS COMPENSATION – impairments flowing from discrete injuries suffered at different times – each individual impairment less than 10%

Safety, Rehabilitation and Compensation Act 1988: s24(3), (4), (5), (6), (7), 25(4)

Comcare v Roser [2003] FCA 243 (25 March 2003)

REASONS FOR DECISION

Deputy President Don Muller       

1.This is an application to review two decisions, namely:

(i)Q2001/155:  The reviewable decision dated 29 January 2001 disallowed the Applicant’s compensation claim for permanent impairment resulting from a right shoulder injury that occurred on 26 October 1997 whilst triathlon training.   The review delegate was not satisfied that the Applicant had suffered an assessable permanent impairment of her right shoulder under the Guide to the Assessment of the Degree of Permanent Impairment (“the approved Guide”).  The review delegate relied on a report from Dr. Peter Boys (orthopaedic surgeon) dated 22 October 1999 where he stated that “utilising table 9.1 and 9.4 no assessable [impairment] would be quantified”.

(ii)Q2001/891:  The reviewable decision dated 26 September 2001 disallowed the Applicant’s compensation claim for permanent impairment resulting from a neck injury that occurred on 10 December 1998 when struck by a dog chain.  The review delegate was not satisfied that the Applicant had suffered a compensable degree of permanent impairment of her neck under the approved Guide.  The review delegate relied on a report from Dr. Francis Tomlinson (neurosurgeon) dated 30 June 2000 where he stated that “using table 9.6 Miss Pollard has a 5% whole person impairment of the cervical spine”.

2.The parties prepared an “Agreed Statement of Facts”..  Consequently, the Tribunal finds that:

(i)The Applicant is 23 years of age and was formally a Member of the Australian Armed Forces.

(ii)The Applicant enlisted in the Australian Armed Forces on 23 January 1996.

(iii)On 25 February 2000 the Applicant was discharged from the Australian Armed Forces as medically unfit.

Q2001/155:  26 OCTOBER 1997 RIGHT SHOULDER INJURY

(iv)On 26 October 1997 the Applicant sustained a right shoulder injury during the course of triathlon training at the Enoggera Army Base.

(v)On 4 August 1999 the Applicant completed a claim for rehabilitation and compensation in respect to her right shoulder injury.

(vi)In a determination dated 4 November 1999 liability was accepted with respect to the Applicant’s right shoulder injury, arising out of, or in the course of, her military service, namely, “intermittent symptomatic tendonitis right rotator cuff of the right shoulder” that occurred on 26 October 1997.

(vii)On 10 November 1999 the Applicant completed a benefit election form claiming compensation for a permanent impairment resulting from her right shoulder injury.

(viii)The determination dated 10 May 2000 disallowed the Applicant’s compensation claim…