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ARTICLE · 08 NOVEMBER 2016

Provision of assistive equipment could prevent ongoing claims for compensation

When considering a compensation claim, the relevant circumstances of the applicant should be taken into account first.

AustraliaEmployment and HR

Scuderi and Comcare [2015] AATA 921

Key Points

  • The Tribunal considered whether Ms Scuderi was entitled to receive compensation for household services, including leg waxing, toe nail clipping and delivery of groceries.

Background

Ms Scuderi was 43 years old at the time of the proceedings. She had commenced work with the Commonwealth Bank of Australia on leaving school in year 10. She remained employed by the Bank until she was retrenched on 15 September 2012.

On 1 May 1990 Ms Scuderi injured her back while lifting a bag of coins. Liability for the injury was accepted pursuant to section 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (the SRC Act).

Ms Scuderi's evidence was that due to her injury, she remained restricted as to the activities she could perform. Ms Scuderi sought compensation from Comcare, pursuant to section 29 of the SRC Act, for the cost of assistance with the activities which she claimed she had difficulty doing.

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