When Is An Injury An Injury?

In Gallas and Comcare [2008] AATA 198, the Administrative Appeals Tribunal considered a case where an employee was arguing that a recurrence of an injury should be considered a new injury under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) as opposed to a continuation of a previous claim under the Compensation (Commonwealth Government Employees) Act 1971 (1971 Act).

THE CASE

Mr Gallas, a meat inspector with the Australian Quarantine Inspection Service (AQIS) since 1977, had previously contracted acute Q fever which resulted in episodic periods of incapacity since 5 October 1980. This claim was accepted under the 1971 Act.

Subsequently in 2001 and in 2002, Mr Gallas suffered from post-Q fever fatigue syndrome, a secondary condition arising from his primary infection in October 1980. On both occasions Mr Gallas claimed compensation under the SRC Act. Comcare accepted liability for the 2001 claim, however, for the 2002 claim, Comcare