Comcare's expert labelled 'confusing and contradictory'
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Comcare has been ordered to continue to pay for treatment for a woman who fell while walking on a footpath on a work trip to Canberra 15 years ago, causing her an ongoing foot injury.
The Administrative Appeals Tribunal overturned four decisions by the government insurance agency, with the member taking issue with evidence given by an expert called by Comcare who didn’t specialise in the injury the woman experienced.
The employee worked at the Dairy Research and Development Corporation at the time of the incident.
Photo: Nicolas Walker
The case related to a former employee of the Dairy Research and Development Corporation (formerly known as Dairy Australia Limited). Employed as a research liaison officer, the employee was visiting Canberra for work in March of 2003, when misjudged her step at a roundabout and dropped at least a metre onto the grass below. She described landing heavily on both feet and feeling “immediate pain ricochet up through her body to her back”.
Comcare had previously accepted liability for the injury, covering the injury to her feet, a back injury and ongoing treatment for her feet. In a series of decisions from September 2015 until February 2017, Comcare decided the worker was no longer able to claim compensation.
A specialist called by Comcare said the employee should not be still experiencing symptoms from the injury, but that her ongoing symptoms were likely to be contributed to the ageing process. Member Amy Wood labelled his evidence “confusing and contradictory” and that it couldn’t be accepted.
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