Split down the middle! – AAT decisions about upper limb pain and its relationship to computer employment

In my article late last year, Time to Revisit “RSI”, I referred to several legal decisions in the AAT relevant to this subject, concluding that not a lot had changed since the 1990’s in relation to the confusion that exists about these conditions, not only in terms of determination of causation, but the very existence of these types of disorders as a physical entity.

During 2019 that confusion has continued, as illustrated by decisions made by the AAT.

In Yasmin and Comcare (Compensation) [2019] AATA 15 (10 January 2019), Woodfield and Telstra Corporation Limited (Compensation) [2019] AATA 1473 (26 June 2019) (a case where I was a witness) and Aylett and Comcare (Compensation) [2019] AATA 1474 (26 June 2019), the decisions were not in favour of work causation, but in another 3 cases the outcomes were more favourable for the worker.

The evidence presented in the above decisions reinforces the confusion that reigns in terms of diagnosis, causation and terminology.

I am presenting an Information Session entitled “What happened to RSI – Upper limb pain in the context of computer work – an occupational physician’s 30-year perspective” in Canberra on 09 October where I will further dissect the recent AAT legal decisions and present my summary of the evidence-based literature relevant to this subject and propose some better diagnostic terms.

I hope to meet Canberra-based health and law practitioners, employers, workers and insurers claims staff at that session. I expect there will be some interesting discussion about this controversial subject. I look forward to meeting those who can attend. I do not like to create a cost barrier for dissemination of information and regret that there is a charge to attend the session, but other sources of funding to run such sessions are few and far between.

 

About Tasworkdoc

As an occupational physician in private medical practice in Hobart, Tasmania - the southernmost state of Australia, I see workers referred by their general practitioners with various types of work-related injuries and diseases. These are mostly musculoskeletal injuries, both of traumatic and gradual onset as well as various associated psychological disorders. With interaction with patients for treatment and providing advice about rehabilitation, I have the opportunity, first-hand, to observe interactions between individual patients and compensation systems. I also conduct independent medical assessments, including impairment assessments for musculoskeletal injuries and asbestos-related disease compensation. This provides another perspective of workers within compensation systems.
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