Prior and Comcare (Compensation)

This matter concerned an appeal by Ms Prior against a decision by Comcare. Ms Prior sought compensation for a condition she alleged was contributed to by her employment with the Department. The Administrative Appeals Tribunal (AAT) was required to determine whether Ms Prior suffered from an ailment and, if so, whether that ailment was contributed to, to a significant degree, by her employment.

The Tribunal considered conflicting medical evidence regarding Ms Prior's diagnosis. While Mr Mills, an orthopaedic surgeon, suggested intersection syndrome and complex regional pain syndrome, a consultant rheumatologist, Dr Reiter, diagnosed cervical spine degenerative disc and facet joint disease. The Tribunal preferred Dr Reiter's diagnosis, which was supported by radiological evidence, and found that Ms Prior suffered from cervical spine degenerative disc and facet joint disease.

The Tribunal then assessed whether Ms Prior's employment had significantly contributed to her condition. Ms Prior testified that her work involved extensive computer mouse use. However, the Tribunal noted that Ms Prior had not informed all treating doctors about a previous fall, nor had she discussed the potential link between her work and her condition with Dr Tan. While Mr Mills opined that work-related activities were a significant contributing factor, the Tribunal found that Ms Prior's employment did not contribute to her ailment to a significant degree.

Consequently, the Tribunal concluded that Ms Prior suffered from an ailment but that it was not significantly contributed to by her employment. Therefore, she did not suffer from a disease as defined by the *Safety, Rehabilitation and Compensation Act 1988* (Cth) and was not entitled to compensation. The Tribunal affirmed the decision under review.