Roe and Comcare

[2003] AATA 126

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2003] AATA 126

ADMINISTRATIVE APPEALS TRIBUNAL      )
  )           No  A2001/341 &

GENERAL ADMINISTRATIVE DIVISION        )                   A2001/421

Re ROBYN ROE

Applicant

And COMCARE

Respondent

DECISION

Tribunal Mr S Webb, Member

Date7 February 2003

PlaceCanberra

Decision

1. Pursuant to section 43 of the Administrative Appeals Tribunal Act 1975, the Administrative Appeals Tribunal (“the Tribunal”) determines:

(a)       In relation to the reviewable decision dated 19 September 2001 (A2001/421), to set aside the decision under review and, in substitution therefor, decides:

(i) The Applicant suffers an injury pursuant to section 4 of the Safety, Rehabilitation and Compensation Act 1988 in the form of a regional pain syndrome that is attributable to work-caused carpal tunnel syndrome, de Quervain’s tenosynovitis and volar ganglion;

(ii) The Applicant is entitled to compensation pursuant to section 14 of the Act on 28 August 2001 and thereafter;

(iii) The Applicant is entitled to compensation for reasonable medical treatment costs in respect of her work-related injury pursuant to section 16 of the Act on and after 28 August 2001;

(iv) The Applicant has been and remains incapacitated for work as a consequence of her work-related injury from 28 August 2001 and is entitled to be paid compensation for incapacity pursuant to section 19 of the Act on and after that date.

(b)       In relation to the reviewable decision dated 13 July 2001 (A2001/341), to set aside the decision and, in substitution therefor, decides:

(i) The Applicant has a 20% whole person impairment of her left upper limb pursuant to Table 9.4 of the Comcare Guide to the Assessment of the Degree of Permanent Impairment (“the Guide”) and is entitled to compensation for permanent impairment pursuant to section 24 of the Act and compensation for non-economic loss pursuant to section 27 of the Act.

2.      The Respondent is liable to pay the Applicant’s reasonable legal costs in these matters as agreed or taxed.

................(signed)..................

Mr S Webb, Member 

CATCHWORDS

COMPENSATION – injury – liability – carpal tunnel syndrome, de Quervain’s tenosynovitis, volar ganglion – regional pain syndrome – whether entitled to compensation for permanent impairment, incapacity and medical treatment costs

LEGISLATION

Safety, Rehabilitation and Compensation Act 1988 ss4, 14, 16, 19, 24

AUTHORITIES

Re Beer and Australian Telecommunications Commission [1997] AAT 5974

Re Wood and Comcare [1999] AATA 263

Commonwealth v Borg (1991) 20 AAR 299n

Re Quinn and Australian Postal Corporation (1992) 15 AAR 519

Commonwealth v Muratore (1978) 141 CLR 296

Comcare v Nichols [1999] FCA 209

Comcare v Mooi (1996) 42 ALD 495

Semlitch v Federal Broom Co Pty Ltd (1963) 110 CLR 626

Commonwealth v Beattie (1981) 53 FLR 191

Treloar v Australian Telecommunications Commission (1990) 26 FCR 316

Tippett v Australian Postal Corporation (1988) 27 AAR 40

Whittaker v Comcare (1998) 86 FLR 532

Comcare v Fielder (2001) 115 FCR 328

REASONS FOR DECISION

7 February 2003  Mr S Webb, Member      

1.      This matter involves two applications by Mrs Robyn Roe (“the Applicant”) for review of decisions…