ARTICLE · 31 MARCH 2018

Tribunal lacks jurisdiction to deal with evolving diagnosis

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Also, caution should be shown in accepting liability for major treatment where the accepted claim was for a minor injury.

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Rebecca Tloczek

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Solman and Comcare [2018] AATA 6

Key Points

Ms Solman sustained a neck sprain injury, for which she had an accepted claim for workers' compensation.
Ms Solman's diagnosis changed over time to a degenerative condition and the Tribunal was required to consider whether it had jurisdiction to hear her claim.

Background

In 2004, Ms Solman injured her neck when she slipped over while trying to enter her car in the rain and hit her head. Ms Solman submitted a claim for workers' compensation. Comcare accepted a claim for "neck sprain".

In early 2013, Ms Solman underwent fusion surgery on her neck. Comcare accepted liability to pay compensation for the cost of surgery. In December 2015, Ms Solman lodged a claim for permanent impairment and non-economic loss. In early 2016, Comcare denied liability for this claim.

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