Quirk and Comcare (Compensation)

This matter concerned applications by Jacqueline Quirk (the applicant) for compensation under the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act) against Services Australia (the respondent). The applicant claimed compensation for several conditions, including aggravation of underlying carpal tunnel syndrome, De Quervain's tenosynovitis, and aggravation of underlying lateral epicondylitis, alleging these were contributed to by her employment. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether these conditions constituted an "injury" as defined by the SRC Act and, if so, whether they resulted in incapacity or permanent impairment.

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.