Ramsay and Comcare (Compensation)

This matter concerned an application by an employee, Mr Ramsay, against his employer, Comcare, for compensation under the *Safety, Rehabilitation and Compensation Act 1988* (Cth). The dispute centred on whether the applicant's incapacity, which manifested as dizziness and pain on 18 October 2016, was an "injury" for the purposes of the Act and whether it was caused by his employment. The decision was made by the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant's experience of dizziness and subsequent pain constituted an "injury" as defined by the Act. Furthermore, it had to ascertain whether this injury, or any contributing causes to his incapacity, arose out of or in the course of his employment with the Department of Agriculture.

The Tribunal reasoned that the applicant's symptoms, including dizziness and pain, qualified as an injury under the Act. It found that the applicant's work environment, including the use of a varidesk which was not professionally installed and the general demands of his role, contributed to his condition. The Tribunal set aside the original decision and substituted it with a determination that Comcare was liable to pay compensation to the applicant for his neck condition pursuant to section 14 of the Act. The Tribunal indicated that it would make an order for the applicant's costs unless submissions to the contrary were received within 14 days.