Quirk and Comcare (Compensation) [2024] AATA 3621 (11 October 2024)
Division:GENERAL DIVISION
File Number(s): 2021/8667, 2022/0493, 2022/9102, 2023/0196
Re:Jacqueline Quirk
APPLICANT
AndComcare
RESPONDENT
DECISION
Tribunal:R Cameron, Senior Member.
Date: 11 October 2024
Place:Melbourne
Pursuant to s 43 of the Administrative Appeals Act 1975 (Cth), the Tribunal ORDERS that:
1.The first reviewable decision is set aside and in substitution the Tribunal finds that the applicant suffered an aggravation of an underlying condition of carpal tunnel syndrome to 2 September 2021.
2.The second reviewable decision is affirmed.
3.The third reviewable decision is set aside and in substitution the Tribunal finds that the applicant suffered an aggravation of an underlying condition of right elbow epicondylitis to 2 September 2021.
4.The fourth reviewable decision is affirmed.
.................................[sgd].......................................
R Cameron, Senior Member
Catchwords
COMPENSATION – commonwealth employee – applicant claimed compensation under four different applications – section 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth)– definition of ‘injury’ under subsection 5A(1) SRC Act - aggravation of underlying carpal tunnel syndrome - De Quervains tenosynovitis not significantly contributed to by employment - aggravation of underlying lateral epicondylitis – permanent impairment not significantly contributed to by employment - whether each of these illnesses were related to her work with Respondent.
Legislation
Administrative Appeals Act 1975 (Cth)
Safety, Rehabilitation and Compensation Act 1988 (Cth)Cases
Ellison v Comcare (2022) 175 ALD 62
Secondary Materials
Bruce Connolly and John McKessar, ‘Carpal tunnel syndrome. Can it be a work related condition?’ (2009) 38(9) Australian Family Physician
Rogier M van Rijn et al, ‘Associations between work-related factors and the carpal tunnel syndrome-a systematic review’ (2009) 35(1), Scandinavian Journal of Work, Environment & Health
L Solomon, D Warwick, & D Nayagam, (eds), Apley's System of Orthopaedics and Fractures (CRC Press, 9th ed, 2010)
REASONS FOR DECISION
R Cameron, Senior Member.
INTRODUCTION
There are four applications before the Tribunal of which the applicant seeks review.
Application No: 2021/8667 - Carpal Tunnel Syndrome (‘CTS’)
The first application seeks review of a decision made by an authorised delegate of the Chief Executive Officer of the respondent on 5 November 2021 (‘the first reviewable decision’). The first reviewable decision affirmed a previous determination made on 17 September 2021 which determined that the respondent was not liable to pay compensation to the applicant under s 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (‘the SRC Act’) in respect of Carpal Tunnel Syndrome (claimed for the applicant’s right arm) or aggravation thereof.
Application No: 2022/0493 - De Quervain’s Tenosynovitis (‘DQT’)
The second application seeks review of a decision made by an authorised delegate of the Chief Executive Officer of the respondent on 17 January 2022 (‘the second reviewable decision’). The second reviewable decision affirmed a previous determination made on 8 December 2021 that the respondent has no present liability for the applicant’s injuries described as ‘Aggravation of De Quervain’s tenosynovitis of the right thumb’ pursuant to ss 16 and 19 of the SRC Act.
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CaseChat Overview and Summary
The central legal issues before the Tribunal were to determine the diagnoses of the applicant's right upper limb conditions sustained on specific dates, whether these constituted an "injury" under section 5A of the SRC Act, and if so, whether such injury resulted in incapacity for work, the need for medical treatment, or permanent impairment under various sections of the Act, including sections 14, 16, 19, 24, and 27. The Tribunal also needed to assess the extent of any permanent impairment and associated non-economic loss, if applicable.
The Tribunal considered both documentary and viva voce evidence from various medical professionals and the applicant. While the applicant's employment involved significant keyboard and mouse use, the Tribunal ultimately concluded that she had not suffered an "injury" as defined by section 5A of the SRC Act in relation to some of her claims. However, the Tribunal did find that the applicant suffered a time-limited aggravation of an underlying condition of carpal tunnel syndrome and right elbow epicondylitis, with the aggravation ceasing on 2 September 2021.
Consequently, the Tribunal affirmed the fourth reviewable decision in relation to permanent impairment and non-economic loss for carpal tunnel syndrome. The first reviewable decision was set aside, with a finding that the applicant suffered an aggravation of underlying carpal tunnel syndrome until 2 September 2021. The second reviewable decision was affirmed, and the third reviewable decision was set aside, with a finding of aggravation of underlying right elbow epicondylitis until 2 September 2021.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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