Woolley and Comcare

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2006] AATA 1017

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No W2004/188

GENERAL ADMINISTRATIVE  DIVISION		)
Re		SANDRA WOOLLEY

Applicant

And COMCARE

Respondent

DECISION

Tribunal Deputy President S D Hotop
Dr D Weerasooriya, Member

Date28 November 2006

PlacePerth

Decision  The Tribunal affirms the decision under review.

.....[Sgd S D Hotop]..........

Deputy President

Section 4(1) of the SRC Act contains the following relevant definitions:

"aggravation includes acceleration or recurrence.”

"ailment means any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development).”

"disease means:

(a)  any ailment suffered by an employee; or

(b)  the aggravation of any such ailment;

being an ailment or an aggravation that was contributed to in a material degree by the employee's employment by the Commonwealth or a licensed corporation.”

"impairment means the loss, the loss of the use, or the damage or malfunction, of any part of the body or of any bodily system or function or part of such system or function.”

"injury means:

(a)  a disease suffered by an employee; or

(b)  an injury (other than a disease) suffered by an employee, being a physical or mental injury arising out of, or in the course of, the employee's employment; or

(c)  an aggravation of a physical or mental injury (other than a disease) suffered by an employee (whether or not that injury arose out of, or in the course of, the employee's employment), being an aggravation that arose out of, or in the course of, that employment;

...”

The Evidence

8. The evidence before the Tribunal comprised the “T Documents” (T1-T69) lodged by the respondent in accordance with s 37 of the Administrative Appeals Tribunal Act 1975 (Cth), documentary exhibits tendered by the applicant (Exhibits A1-A21) and by the respondent (Exhibits R1-R8), and the oral evidence of the applicant, Dr J Salmon, Dr G Mastaglia, Mr P Honey, Mr A Skirving and Dr A Home.

The applicant’s evidence

9.      A summary of the applicant’s evidence, dated 29 August 2005, which was tendered in evidence (Exhibit A1), states as follows:

“1        I am 42 years of age, having been born on 30 July 1963.

2In December 1994, I injured my right shoulder while opening the door of my car, which was whipped away by the wind. I only experienced mild, occasional symptoms in my right shoulder after this incident.

3On 4 January 2000, I commenced employment with the Child Support Agency as a telephone coach.

4At or around the time of commencing employment at the Agency, I was assessed at the instigation of my employer by a physiotherapist and a medical practitioner. Reports issued by these persons indicate that at that time I had no symptoms and a full range of movement in my shoulders (T3) and that I was medically capable of performing all the duties of my specified…