Singh and Comcare (Compensation)

In Proceeding 2021/7716, the Administrative Appeals Tribunal considered a decision by Comcare to affirm its earlier determination that it was not liable to pay compensation under the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act) for "leg pain (right hip and leg) or aggravation thereof". The applicant had lodged a claim for compensation following a fall at a shopping mall during her work lunch break on 18 January 2016. This claim was made in addition to a previously accepted claim for a fall on 18 July 2016.

The Tribunal was required to determine four issues. Firstly, whether the applicant's previously accepted condition involved any acceptance of liability by Comcare for a condition relating to her right hip. Secondly, whether the osteoarthritis of the right hip, for which the applicant sought compensation, required the application of the causal test for an "injury (other than a disease)" under s 5A(1)(c) of the SRC Act, or the causal test for a "disease" under s 5B(1) of the SRC Act. Thirdly, the Tribunal had to determine if there was a requisite causal nexus between either or both of the falls in January and July 2016 and the applicant's right hip osteoarthritis.

The Tribunal's reasoning focused on the causal connection between the employment-related falls and the applicant's pre-existing osteoarthritis. After considering evidence from the applicant and medical practitioners, the Tribunal found that neither the January 2016 fall nor the July 2016 fall aggravated or exacerbated the applicant's right hip osteoarthritis. Consequently, the Tribunal concluded that Comcare was not liable to pay compensation under the SRC Act.

The Tribunal affirmed the Reviewable Decisions made by Comcare.