Ryan and Comcare (Compensation)

This matter concerned an appeal by the Applicant, Ms Ryan, against a decision by the Respondent, Comcare, to deny her claim for workers' compensation. The Applicant sought compensation for bilateral carpal tunnel syndrome, and the central dispute was whether her employment had contributed to her condition to a significant degree, as required by section 5B(1)(c) of the relevant Act. The case was heard by Senior Member Bill Stefaniak AM RFD of the Tribunal.

The legal issue before the Tribunal was to determine, on the balance of probabilities, whether the Applicant's bilateral carpal tunnel syndrome was contributed to, to a significant degree, by her employment. This required an assessment of the evidence presented regarding the nature of her work, the onset and progression of her symptoms, and any potential contributing factors.

The Tribunal accepted that the Applicant suffered from carpal tunnel syndrome in both wrists, though the precise cause remained undetermined. The Applicant provided evidence of extensive daily computer use for many years, with a recent increase in data entry tasks. She described the onset of pain in her hands and wrists in late October 2015, which worsened over time and led to surgery. The Tribunal found the Applicant to be a truthful witness and noted her evidence that other female colleagues in similar roles had experienced the same condition. Despite the varying views on the causes of carpal tunnel syndrome, the Tribunal found that the Applicant's employment had contributed to her condition to a significant degree.

Consequently, the Tribunal affirmed the reviewable decision dated 20 July 2016.