WQLR and Comcare (Compensation)

This matter concerned an application by WQLR, a clerical assistant employed by Services Australia, seeking compensation from Comcare for bilateral first carpometacarpal injections, a rheumatology consultation, and an MRI of both hands and wrists. The core dispute revolved around whether the claimed conditions, specifically osteoarthritis and repetitive strain injury (RSI), were work-related and thus compensable under the *Safety, Rehabilitation and Compensation Act 1988* (Cth). The applications were heard by A Poljak SM.

The legal issues before the court were whether the applicant's osteoarthritis and/or RSI were significantly contributed to by her employment, or resulted from an injury suffered during her employment with Services Australia. The court was also required to determine whether the claimed medical treatments, namely the injections, rheumatology consultation, and MRI, were sought in relation to an accepted condition for which Comcare was liable to pay compensation.

The court considered conflicting medical evidence regarding the cause of osteoarthritis. Dr Gorman's evidence suggested that osteoarthritis is caused by significant trauma rather than repetitive use, and noted that the applicant's claimed overuse injuries related to her right arm, while her osteoarthritis was worst in her left thumb. The court was not satisfied on the available evidence that the applicant suffered a specific injury to her left thumb that contributed to the development of osteoarthritis. Consequently, the court found that Comcare was not liable to pay compensation for the claimed treatments as they were sought in relation to osteoarthritis and/or RSI, which were not accepted conditions, and not in relation to any injury suffered during employment.

The reviewable decisions of Comcare, which denied liability for the injections, MRI, and rheumatology consultation, were affirmed.