Tipping and Comcare (Compensation) [2023] AATA 457
Key Points
- The Tribunal was asked to decide whether Mr Tipping suffered an "injury" as defined by the SRC Act.
- The Tribunal found in favour of Comcare.
Background
The applicant was employed by the Department of Defence (Defence) between 11 March 2011 and 31 August 2018.
On 16 January 2019, the applicant submitted a claim for workers' compensation in relation to injuries to his back, neck and right knee sustained as a result of "undertaking government business at a computer work station" on 1 June 2018. Comcare denied liability to pay compensation under section 14 of the Safety, Rehabilitation and Compensation 1988 Act (Cth) (the SRC Act). The decision was affirmed on reconsideration and the applicant sought further review at the Administrative Appeals Tribunal (the 2019 Proceeding).
On 8 October 2021, the applicant submitted a second claim for workers' compensation in relation to several "consequential and secondary injuries which were not claimed previously" but were said to have been first noticed on 15 March 2012. The applicant claimed the following parts of the body were affected: rotator cuffs, shoulders, posterior chain muscles, upper and lower back, pelvis, neck, right hip, piriformis muscles, scapulars, leg muscles, right knee, right calf, right foot, abdominal muscle, and elbow. Comcare denied liability to pay compensation under section 14 of the SRC Act. The decision was affirmed on reconsideration and the...
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