[2015] AATA 360
Division GENERAL ADMINISTRATIVE DIVISION File Number(s)
2013/6210
Re
Susan Reardon
APPLICANT
And
Comcare
RESPONDENT
DECISION
Tribunal Ms S Taglieri, Member
Date 26 May 2015 Place Hobart The decision under review is set aside.
........................................................................
Ms S Taglieri, Member
CATCHWORDS
Compensation - Ear and hearing conditions; whether work caused or aggravated; hyperacusis determined to have been aggravated; aggravation caused to a significant degree by employment; reviewable decision set aside.
LEGISLATION
Safety Rehabilitation and Compensation Act 1988
CASES
Comcare v Sahu-Kahn [2007] FCA 15
Treloar v Australian Telecommunications Commission (1990) 26 FCR 316 at 323
Mellor v Australian Postal Corporation (2009) ALD 159
Commonwealth of Australia v Beattie (1981) 35 ALR 369
Australian Postal Corporation v Bessey [2001] FCA 266
Wiegand v Comcare (2002) 72 ALD 795
REASONS FOR DECISION
Ms S Taglieri, Member
INTRODUCTION
Mrs Reardon has been a full time employee of the Commonwealth Department of Health and Human Services (“the Department”) since 1988. From approximately January 2011, Mrs Reardon was employed as a Customer Service Officer based at Hobart in the Paid Parental Leave Team. Her duties involved taking customer telephone calls and she worked 4 days per week.
By early 2012, Mrs Reardon was experiencing problems with phone headsets she used to do her work. She developed pressure, discomfort and later pain in her head at work, which she initially attributed to the headsets and also to workplace noise.
By early 2013 Mrs Reardon was having frequent problems with her headsets, pain in her head and headaches. She initially consulted with her GP on 14 January 2013 and later formally notified her employer by incident report.[1]
[1] T 13 at page 43 of T Documents
On 13 May 2013 a claim for compensation was made to the Respondent.[2] Compensation was claimed for injury identified as “Hyperacusis related to workplace noise exposure, with sensorineural hearing loss and tinnitus” (“the ailments”). The claim was refused on 22 July 2013.[3] Subsequent reconsideration confirmed refusal of the claim.[4]
[2] T 15 at page 45 to 53 of T Documents
[3] Reviewable Decision at T 19, page 78 of T Documents
[4] T26
Mrs Reardon has applied to the Tribunal to review the refusal of her claim for compensation. The hearing occurred on 10, 11 and 12 March 2015. Further written submissions were made after the hearing by both parties with the Tribunal’s leave.
THE ISSUES IN CONTENTION
The Respondent conceded that Mrs Reardon suffered the conditions and that they are ailments for the purposes of a “disease” injury as contemplated by sections 5A(1) and 5B of the Safety Rehabilitation and Compensation Act 1988 (“the Act”).
The only issue in dispute between the parties at the hearing was whether the ailments were caused by Mrs Reardon’s work with the Department.
Mrs Reardon ought to succeed in this application and be entitled to compensation pursuant to section 14 of the Act, if one or more of the ailments:
(a)were contributed to, to a significant degree…
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- Susan Reardon and Comcare [2015] AATA 360
- Case
- [2015] AATA 360
- Decision Date
CaseChat Overview and Summary
The court considered the evidence presented by the applicant and her supervisors, as well as witness statements from co-workers. The court found that the work environment was indeed noisy, with various "call bells" and other sounds that the applicant was exposed to while at work. While there may have been other factors contributing to the aggravation of the applicant's hyperacusis, the court held that it was sufficient if the employment characteristics contributed "to a significant degree." The court concluded that the applicant's employment did contribute to the aggravation of her hyperacusis to a significant degree. Therefore, the application was successful, and the decision under review was set aside. The matter was remitted to the respondent to give effect to these findings.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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