10 Feb 2012
On the balance of probabilities the appellant developed work-related flexor tenosynovitis from repetitive phlebotomy tasks which caused secondary bilateral carpal tunnel syndrome; the employment tasks carried an increased risk and it was more likely the injury arose from employment than from non-work activities, therefore the Reviewer's decision denying cover was quashed.
4 Apr 2006
The appellant failed to prove that the risk of suffering clinically diagnosed carpal tunnel syndrome was significantly greater for persons performing her employment tasks (keyboard and mouse use, including claimed excessive mouse gripping) than for persons who do not perform those tasks; expert causation opinion relied too heavily on disputed risk inferences and epidemiological evidence (notably Andersen and NIOSH) did not establish the required materially increased risk; appeal dismissed.
28 Apr 2005
Appellant failed to prove on the balance of probabilities that the particular property or characteristic of his employment caused or materially contributed to his osteolysis to the extent required by s30(2) because credible medical evidence established a strong association between the condition and non-employment weightlifting and the appellant did not exclude gym weightlifting as a substantial cause; therefore s30 is not satisfied and cover is not available.