Singleton and Comcare (Compensation)

This matter came before the Administrative Appeals Tribunal concerning a claim for compensation under the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act). The applicant sought compensation for permanent impairment and non-economic loss, specifically alleging suffering from Chronic Pain Syndrome (CPS) resulting from an injury sustained to his right shoulder. The core of the dispute revolved around whether the applicant's condition constituted an "injury" as defined by the SRC Act, which is a prerequisite for Comcare's liability to provide compensation for permanent impairment.

The Tribunal was required to determine three key issues: first, whether the applicant had sustained an injury recognised as CPS; second, if so, whether this CPS injury resulted in a permanent impairment; and third, if a permanent impairment was established, the degree of that impairment according to the relevant guide. The applicant provided evidence detailing the incident where he injured his right shoulder, the subsequent medical treatment, and the significant impact of his ongoing chronic pain on his daily activities, including personal care, household tasks, and recreational pursuits.

In its reasoning, the Tribunal considered the legal principle that the acceptance of an "injury" under sections 5A and 5B of the SRC Act precedes and defines the scope of Comcare's duty to consider compensation for permanent impairment under section 24. Applying this principle to the evidence before it, the Tribunal found that the applicant's CPS was not determined to be an "injury" for the purposes of the SRC Act. Consequently, the Tribunal concluded that Comcare was not liable to pay compensation under sections 24 and 27 of the SRC Act in relation to the applicant's alleged chronic pain syndrome.

The Tribunal affirmed the reviewable decision.