Follow

http://www.austlii.edu.au/au/cases/cth/AATA/2012/702.html


Background

The applicant claimed ongoing incapacity after 31 December 2007, which was disallowed and the subject of review by the AAT. It was submitted by the applicant that further medical evidence from Dr Couzens established that the initial surgery to remove the ganglion had left a residue that had continued to develop, that there had not been a second ganglion but a continuation of the first ganglion, that the second surgical procedure was related to the original ganglion in his wrist and that he should be compensated for the effects of the second ganglion from 1 January 2008.

In previous AAT proceedings in this matter, it was determined the applicant had ceased to suffer the effects of ganglion of the right wrist by 31 December 2007 and thereafter had no entitlement to compensation under ss 16 or 19 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act). The AAT also determined the applicant did not suffer from tendonitis and that any pain experienced by him since 31 December 2007 was due to a further ganglion that had developed due to constitutional factors after he ceased his employment with the respondent in November 2007.

Held

The AAT affirmed the decision of the under review. The AAT found the compensable right wrist aggravation ceased to result in incapacity for work or impairment or the need for medical treatment.

This is a Sparke Helmore matter.

Return To Top