Russell and Comcare (Compensation)

This matter concerned a claim for workers' compensation by Ms Russell against Comcare for an injury described as "aggravation of right shoulder subacromial bursitis," which she alleged occurred on 16 August 2016. Ms Russell, employed as a Service Officer for approximately 36 years, claimed her condition was caused by repetitive and intense keyboard and mouse use in her role as a Pharmacy Program Officer. The Administrative Appeals Tribunal was tasked with determining Comcare's liability to pay compensation under section 14 of the relevant Act.

The Tribunal was required to determine three key questions. First, whether Ms Russell's condition constituted a disease, an injury other than a disease, or an aggravation of an injury other than a disease. Second, if it was a disease, whether it was an ailment or an aggravation of an ailment. Finally, if it was an aggravation of an ailment, the Tribunal had to ascertain whether Ms Russell's employment contributed to this aggravation to a significant degree.

The Tribunal found that Ms Russell's condition was an "aggravation of an ailment," acknowledging that she had experienced similar symptoms previously. The central question then became whether her employment had contributed to this aggravation to a significant degree. The Tribunal considered evidence regarding changes in Ms Russell's work duties, including increased mousing activities, a higher volume of fast-paced and repetitive telephone calls, and the pressure associated with these tasks. It also took into account Ms Russell's predisposition due to age and prior shoulder symptoms. Based on the temporal association between increased work activity, the nature of the tasks, and the resolution of symptoms upon rest from that activity, the Tribunal inferred that the injury arose out of her employment.

Consequently, the Tribunal set aside the previous decision and substituted its own determination, finding Comcare liable to pay compensation to Ms Russell under section 14 of the Act for the aggravation of her right shoulder subacromial bursitis. The issue of costs was reserved.