Back compensation claim fails for former pasta maker

Hovenden and Comcare [2020] AATA 3695 (21 September 2020).

Key Points:

• The Tribunal was asked to decide whether an employee suffered an exacerbation of his low back condition as a result of his work as a Customer Service Officer for Services Australia.
• The Tribunal found that flare ups of symptoms did not amount to aggravations of the pre-existing degenerative condition and found in favour of Comcare.

Background:

On 27 November 2001, Mr Hovenden sustained an injury to his lower back while employed as a part-time process worker with Pasta Master, a food processing company. Liability for the injury was accepted by the insurer under the Victorian Workcover scheme and Mr Hovenden was compensated for incapacity for work and medical expenses. Mr Hovenden subsequently obtained employment with Services Australia, as a Customer Service Officer.