Ramirez-Gamonal and Comcare (Compensation)

This matter concerned an appeal by Mr Ramirez-Gamonal against a determination by Comcare that he was not entitled to compensation for medical treatment expenses and incapacity for work from 10 May 2017 onwards. The dispute centred on whether Mr Ramirez-Gamonal's employment continued to significantly contribute to his left foot ailment, which was diagnosed as plantar fasciitis. The case was heard by Mr S. Webb, Member Presiding.

The primary legal issue before the Tribunal was to determine whether Mr Ramirez-Gamonal's employment continued to significantly contribute to his ongoing symptoms of left plantar fasciitis, thereby entitling him to compensation for medical treatment and incapacity for work under sections 16 and 19 of the relevant Act. Comcare argued that the employment's contribution to the ailment had diminished to a point where it was no longer significant, thus negating any entitlement to compensation from 10 May 2017.

The Tribunal found that Comcare's argument that Mr Ramirez-Gamonal's left foot ailment had resolved by 10 May 2017 was not supported by the evidence. The majority of medical evidence indicated a diagnosis of left plantar fasciitis, and the Tribunal accepted Mr Ramirez-Gamonal's evidence that symptoms first occurred at work and worsened over time. The Tribunal considered one report suggesting resolution to be unreliable due to concerns about the examination process. It concluded that the ailment was chronic and ongoing, and that its symptoms required medical treatment and resulted in incapacity for work both before and after 10 May 2017, particularly as Mr Ramirez-Gamonal relied more heavily on his left lower limb after injuring his right knee.

Consequently, the Tribunal set aside Comcare's decision and determined that Mr Ramirez-Gamonal was entitled to compensation under sections 16 and 19 of the Act as of 10 May 2017 and presently. The matter was remitted to Comcare to assess and determine the amounts of compensation payable. The Tribunal also indicated that it would order Comcare to pay Mr Ramirez-Gamonal's reasonable costs of the proceedings if no submissions were made regarding costs within 14 days.