Trisna-Halim and Comcare (Compensation)

This matter concerned an appeal by Ms Trisna-Halim against a decision by Comcare regarding her claim for compensation for bilateral carpal tunnel syndrome. Ms Trisna-Halim, employed by the Department of Defence since 1994 in a computer-intensive role requiring approximately 80 per cent of her working week on keyboard and mouse use, experienced intermittent pins and needles in her forearms and hands from early 2016. The dispute centred on whether her employment had contributed to the aggravation of her carpal tunnel syndrome to a significant degree.

The court was required to determine whether repetitive keyboard and mouse use exacerbates the symptoms of carpal tunnel syndrome, and if so, whether Ms Trisna-Halim's employment had aggravated her condition to a significant degree, thereby satisfying the requirements of section 5B of the relevant Act. This section mandates that employment must contribute to the condition complained of to a significant degree, established on the balance of probabilities.

The Deputy President found that while the medical literature provided limited assistance on the specific question of aggravation of carpal tunnel syndrome by repetitive keyboard and mouse use, the evidence of Ms Trisna-Halim, supported by the opinions of medical practitioners, particularly Dr Dowda, was persuasive. Dr Dowda indicated that while keyboard activities alone might not be a precipitant, evolving carpal tunnel syndrome could have been aggravated by excessive typing. The Deputy President concluded that the evidence satisfied him that Ms Trisna-Halim's condition was aggravated by her keyboard and mouse use at work to a significant degree.

Consequently, the decision under review was set aside and substituted with a decision that Comcare was liable to pay compensation to Ms Trisna-Halim in respect of her bilateral carpal tunnel syndrome. The court also directed written submissions on the matter of costs.