Scanes and Comcare (Compensation)

This matter concerned an application by Mr Warren Scanes for review of a decision by Comcare to reject his claim for compensation. Mr Scanes, a former police officer, had a long history of smoking and had experienced cardiac events in 1984 and 1985. He subsequently retired from police work and, some years later, was diagnosed with emphysema, leading him to claim compensation. Comcare had initially rejected his claim and affirmed that decision upon reconsideration. The review was heard by Mr S. Webb, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether Mr Scanes' diagnosis of emphysema constituted an "injury" for which Comcare was liable to pay compensation under section 14 of the relevant Act. This required the Tribunal to consider the nature of emphysema and its relationship to Mr Scanes' employment and other factors.

The Tribunal Member, Mr S. Webb, affirmed Comcare's decision to reject the claim. The reasoning, though not fully elaborated in the provided text, indicates that the Member concluded that Mr Scanes' emphysema was not an "injury" for which Comcare was liable under section 14 of the Act. Consequently, there was no necessity to consider any orders for costs under section 67 of the Act. The decision under review was therefore affirmed.