Salehi and Comcare (Compensation)

This matter concerned an appeal by Mr Salehi against a decision by Comcare. Mr Salehi sought compensation for a low back condition, specifically degenerative changes in his lumbar spine, which he attributed to prolonged sitting at work, as well as other work-related factors such as prolonged standing and significant bending, twisting, or lifting. The Administrative Appeals Tribunal was required to determine whether Mr Salehi suffered from a compensable medical condition under the relevant legislation, and if so, whether his employment contributed to that condition to a degree that was substantially more than material.

The Tribunal considered medical evidence, including opinions from Dr Journeaux and Dr Burke. Dr Journeaux acknowledged that prolonged standing and significant bending, twisting, or lifting could potentially cause symptomatic aggravation of Mr Salehi's condition. However, the Tribunal found no medical evidence to satisfy it that these additional factors, either alone or in combination with prolonged sitting, had actually caused such aggravation or contributed to the back condition to a degree substantially more than material. The Tribunal noted Dr Burke's opinion suggesting the condition would have occurred at that stage of life irrespective of employment.

The Tribunal concluded that Mr Salehi's back condition was a disease that was not contributed to by his employment to a degree substantially more than material. Consequently, Comcare was not liable to pay compensation. The decision under review was affirmed.