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ARTICLE · 09 SEPTEMBER 2020

Bulging disc not caused by Centrelink, AAT finds

For a pre-existing medical condition to be compensable, there must be an incident which caused a change to that condition.

AustraliaLitigation, Mediation & Arbitration

Hook and Comcare [2020] AATA 1792 (17 June 2020).

Key Points:

  • The Tribunal was asked to decide whether an employee sustained a bulging disc in his neck as a result of his employment at a Centrelink call centre.
  • The Tribunal found in favour of Comcare.

Background:

Mr Nathan Hook was employed by the Department of Human Services in Brisbane, in a child support smart centre. In order to complete his work duties, Mr Hook was required to answer phone calls while looking at more than one computer screen and moving his head to make notes on a notepad on his desk. On 13 August 2018, Mr Hook answered a phone call when he turned his head to the left, in order to make notes. Mr Hook felt pain in his upper arm and neck. On 28 August 2018, Mr Hook completed a claim for workers' compensation in respect of "injured neck/shoulder and left arm".

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