Shatzman and Comcare

[2008] AATA 298

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2008] AATA 298

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No A2006/82

GENERAL ADMINISTRATIVE  DIVISION		)
Re		STEPHEN SHATZMAN

Applicant

And COMCARE

Respondent

DECISION

Tribunal Mr S. Webb, Member
Dr P. Wilkins, Member

Date14 April 2008

PlaceCanberra

Decision The decision under review is affirmed.

..............signed................................

Mr S. Webb, Presiding Member

CATCHWORDS

COMPENSATION - previous defence-related injuries - epicondylitis - carpal tunnel syndrome - cervical spondylosis - trigger thumbs - claim for aggravation of injuries in subsequent Commonwealth employment - repetitive manual activities - increasing incapacity over time as a result of accepted injuries - injuries characterised by symptoms on certain activities - activities carried out in employment - symptoms the product of pre-existing conditions in the context of the employment - conditions not aggravated by the employment - decision affirmed

Safety, Rehabilitation and Compensation Act 1986 ss 4, 14

Commonwealth v Beattie (1981) 35 ALR 369

Tippett v Australian Postal Corporation (1998) 27 AAR 40

Australian Postal Corporation v Bessey (2001) 32 AAR 508

Canute v Comcare [2006] HCA 47; 226 CLR 535

Martin v Australian Postal Corporation (1999) 29 AAR 420

Comcare v Etheridge [2006] FCAFC 27; (2006) 149 FCR 522

Kennedy Cleaning Services Pty Ltd v Petkoska (2000) HCA 45; (2000) 200 CLR 286

Zickar v MGH Plastic Industries Pty Ltd (1996) 187 CLR 310

Comcare v Sahu-Kahn [2007] FCA 15; (2007) 156 FCR 536

Casarotto v Australian Postal Corporation (1989) 10 AAR 191

Darling Island Stevedoring and Lighterage Co Ltd v Hankinson (1967) 117 CLR 19

Federal Broom Company Pty Ltd v Semlitch (1964) HCA 34; (1964) 110 CLR 626

Commonwealth Banking Corporation v Percival (1988) 20 FCR 176

REASONS FOR DECISION

14 April 2008 Mr S. Webb, Member
Dr P. Wilkins, Member       

1.      Stephen Shatzman was injured while serving in the Australian Army.  He suffered a number of injuries including bilateral epicondylitis and bilateral carpal tunnel syndrome.  He claimed and was paid compensation, including compensation for incapacity for work, which is ongoing.  Mr Shatzman left the Army in 1986.  He commenced Australian Public Service employment with the Department of Veterans’ Affairs and, subsequently in 1989, with the Australian Taxation Office as a computer operator.  These employments involved amounts of repetitive manual work, including the use of a keyboard.  Over time Mr Shatzman experienced increasing degrees of incapacity for work, in relation to which he was paid compensation.  His hours of work were progressively reduced until he was working 9 hours per week in 2004.  He was sent home by his employer and was not allocated any suitable duties, but was not paid additional compensation for incapacity.  In 2006 he was recalled to work and attempted a rehabilitation program.  Ultimately his hours were further reduced to 6 hours per week and he was paid additional compensation for incapacity.

2.      Mr Shatzman is unhappy that he was not paid additional compensation for incapacity during the period from March 2004 to January 2006, when he was sent home by…