Springhetti and Comcare

[2007] AATA 1504

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2007] AATA 1504

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No S 200600028

GENERAL ADMINISTRATIVE DIVISION		)               & S 200600029
Re		PAULETTE SPRINGHETTI

Applicant

And COMCARE

Respondent

DECISION

Tribunal Senior Member L Hastwell
Professor P Reilly AO (Member)

Date4 July 2007

PlaceAdelaide

Decision The Tribunal varies the determination of 11 January 2006 with respect to the applicant's coccygeal injury and sets aside the determination of 11 January 2006 with respect to the applicant's psychiatric injury.

..............................................

L HASTWELL
  (Senior Member)

CATCHWORDS

COMPENSATION – Commonwealth employees – suspected fracture of the sacrum and coccyx – coccyxdinia – liability accepted for initial injury – degree of permanent impairment under the Guide to the Assessment of the Degree of Permanent Impairment – back pain – loss of spinal movement – what is normal range of movement – other factors influencing range of movement such as age and physique – ability to walk distances and deal with steps and grades – inconsistent medical evidence – two separate impairments from one injury – impairments each to be assessed under relevant table – decision varied

COMPENSATION – Commonwealth employees – depression – disease – minor loss of personal and social efficiency – forgetfulness – lapses in concentration – social withdrawal –pre-occupation with events that gave rise to initial injury –  10 percent impairment – decision set aside

Safety, Rehabilitation and Compensation Act 1988 ss 4, 14, 16, 19, 24, 28(4)

Canute v Comcare (2006) 91 ALD 552
Comcare v Fiedler (2001) 115 FCR 328
Comcare v Moon (2003) 75 ALD 160
Re Mahne and Comcare [2004] AATA 985
Re Staines and Comcare [2005] AATA 858
Re D’Costa and Comcare (2004) 83 ALD 475
Re O’Maley and Comcare (1997) 48 ALD 300
Re Bergersen and Comcare [2007] AATA 1373
Re Canute and Comcare [2004] AATA 627
Re Dwight and Comcare [2006] AATA 730

REASONS FOR DECISION

4 July 2007   Senior Member L Hastwell
  Professor P Reilly AO (Member)

1.      There are two applications for review before this Tribunal.  The first relates to a claim by Paulette Springhetti (the applicant) that she has suffered a permanent impairment arising out of a suspected fracture of the sacrum and coccyx on 16 August 2001.  Liability for the initial injury was accepted by the respondent (Comcare).  The reviewable determination rejecting liability for permanent impairment is dated 11 January 2006.

2.      The second application relates to a claim by the applicant that she has suffered a permanent impairment arising out of a reactive depression/adjustment disorder for which Comcare accepted liability.  The reactive depression/adjustment disorder for which liability was accepted is said to have occurred on various occasions from 25 August 1988 through to 2 March 1994.  The reviewable determination rejecting liability for permanent impairment is dated 11 January 2006.

legislation

3.      Both claims arise under the Safety, Rehabilitation and Compensation Act 1988 (the Act). 

4. Section 14 of the Act provides for the payment of compensation to Commonwealth employees in certain circumstances. Section 14(1)…