Spence and Comcare (Compensation)

This matter concerned appeals by Mr Mark Spence against decisions by Comcare to revoke and affirm its determinations regarding his claims for workers' compensation. Mr Spence, an employee of the Australian Federal Police, sought compensation for a lumbar spine condition. His claims related to an alleged injury sustained while unhitching a police boat on Cocos (the boat claim), and an alleged aggravation of his condition due to carrying weights in a load-bearing vest and accoutrement belt during his employment at Canberra Airport (the vest claim). Comcare had initially accepted liability for an aggravation of Mr Spence's condition, but later revoked this decision. Mr Spence also had a claim related to physiotherapy treatment, which he did not pursue at the hearing.

The primary legal issues before the Tribunal were whether Comcare was liable to pay compensation in relation to the boat claim and the vest claim. Specifically, for the boat claim, the Tribunal had to determine if Mr Spence injured his back while unhitching the boat, if this injury arose out of or in the course of his employment, if the incident materially contributed to an aggravation of his condition, and if he provided timely written notice of the injury. For the vest claim, the Tribunal had to determine if carrying weights in his vest and belt contributed to a significant degree to an aggravation of his condition, and if such aggravation arose out of his employment.

The Tribunal considered the definitions of "injury" and "disease" under the *Safety, Rehabilitation and Compensation Act 1988* (Cth). An injury other than a disease must arise out of, or in the course of, employment. An aggravation of an injury (other than a disease) must also arise out of, or in the course of, employment. A "disease" or an aggravation of an ailment must have been contributed to, to a significant degree, by employment, with "significant degree" meaning substantially more than material. The Tribunal found that Mr Spence did not provide notice of the boat incident as soon as practicable after becoming aware of it, and that the aggravation of his condition from wearing the vest and belt did not arise out of or in the course of his employment, nor did it contribute to a significant degree.

Consequently, the Tribunal affirmed Comcare's decisions. Comcare was found not to be liable to pay compensation to Mr Spence in relation to either the boat claim or the vest claim.