Storey and Comcare

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2010] AATA 973

ADMINISTRATIVE APPEALS TRIBUNAL      )

)           No 2009/3749

GENERAL ADMINISTRATIVE DIVISION		)
Re		DIANNE STOREY

Applicant

And COMCARE

Respondent

DECISION

Tribunal Deputy President S D Hotop
Dr J Chaney, Member

Date3 December 2010

PlacePerth

Decision

The Tribunal sets aside the decision under review and, in substitution therefor, decides that the respondent is liable to pay compensation to the applicant, pursuant to ss 24 and 27 of the Safety, Rehabilitation and Compensation Act 1988 (Cth), on the basis of a 1% degree of permanent impairment under Table 9.8.1a in the second edition of the Guide to the Assessment of the Degree of Permanent Impairment.

Application may be made to the Tribunal in relation to the costs of this proceeding within 14 days of the date of this decision.  In the event that no such application is made by that date, the Tribunal orders, pursuant to s 67(8) of the Safety, Rehabilitation and Compensation Act 1988 (Cth), that the costs of this proceeding incurred by the applicant be paid by the respondent in accordance with Section 6.8 of the Tribunal’s Guide to the Workers’ Compensation Jurisdiction.

..........[sgd S D Hotop]........

Deputy President

.

CATCHWORDS

COMPENSATION – Commonwealth employee – applicant claimed compensation for carpal tunnel injury – respondent accepted liability to pay compensation for carpal tunnel injury – applicant subsequently claimed compensation for occupational overuse syndrome affecting upper limbs – respondent accepted liability to pay compensation for “tenosynovitis hand and wrist” – applicant claimed compensation for permanent impairment resulting from compensable injury – respondent rejected claim – applicant does not have impairment in respect of wrists or shoulders – applicant has permanent impairment in respect of left thumb and arms resulting from carpal tunnel injury – degree of permanent impairment – applicant has 1% impairment in respect of each arm and 1% impairment in respect of left thumb – degree of applicant’s permanent impairment is 3% – compensation generally not payable where degree of permanent impairment less than 10% – compensation payable where degree of permanent impairment constituted by “the loss of the use of a finger” is less than 10% – meaning of “finger” – compensation payable to applicant for permanent impairment constituted by partial loss of use of thumb – decision under review set aside

Safety, Rehabilitation and Compensation Act 1988 (Cth), s 4(1), s 24, s 24(8)(a), s 27(1) and s 28

Guide to the Assessment of the Degree of Permanent Impairment (2^nd ed)

Page v Telstra Corporation Ltd [2004] FCAFC 80

Thiele v Commonwealth of Australia (1990) 11 AAR 376

REASONS FOR DECISION

3 December 2010 Deputy President S D Hotop
Dr J Chaney, Member

Introduction

1.       Dianne Storey (”the applicant”) was employed by Medicare Australia (formerly known as the Health Insurance Commission) from 1975 to 10 January 2008 when she was medically retired on the ground of invalidity.

2.       In April 2004 the applicant claimed compensation under the Safety, Rehabilitation and Compensation Act 1988