Workers’ compensation for Ross River Virus?

Farrow Smith and Comcare [2025] ARTA 1059

The issue before the Tribunal was whether the applicant was entitled to compensation for ‘Ross River fever virus’ (RRV) under s14 of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act). HBA successfully acted for Comcare.

There was no dispute that the applicant suffered from Ross River virus (RRV). The issue was whether that condition was significantly contributed to by her employment with the ABC, specifically, while she was on assignment between 9-14 February 2020.

The matter was originally heard before the then AAT in 2022, with the Tribunal affirming Comcare’s decision. The applicant then made a successful appeal to the Federal Court, with the Court remitting the matter for what was, in effect, a close to full re-hearing.

At the remitted hearing, the applicant attempted to expand on the evidence she had given at the first hearing. HBA successfully argued the case on behalf of Comcare, and the Tribunal did not accept her further evidence in relation to a number of key points:

(a) That while at Corakai for work she was ‘swarmed’ by mosquitos which bit through her jacket and on her neck through her clothing. The Tribunal noted this account differed from the description on the claim form and by the applicant’s co-worker in her statement, which gave a much more general overview of being bitten and did not include a specific event;

(b) That when she spoke with Dr Hannah, GP, she did not use the phrase ‘down in Yamba and got smashed by mosquitoes’ and could now recall the conversation, which was a level of detail she did not provide at the first hearing. The Tribunal did not accept the applicant could recall the conversation, saying ‘it would be an astonishing memory feat to be able to do so’; and

(c) That the applicant had persistent and serious symptoms throughout March 2020. The Tribunal noted this was inconsistent with the fact that she did not attend her doctor during March 2020, her claim that she could not attend because of the covid pandemic was false, there was no record of the applicant ever reporting that she had significant symptoms in March, and the evidence of her son was that she had significant symptoms after attending the GP (so after 6 April 2020).

The Tribunal therefore made a finding of fact that the applicant was bitten by mosquitoes while at Yamba (referring to a clinical note to this effect), saying ‘even in a court, these notes would be admissible and could form the basis of a conclusion that the applicant was bitten by mosquitoes while in Yamba’ and further that she was bitten on multiple occasions between February and April 2020.

Because the Tribunal was not satisfied that the applicant’s evidence as to her clinical picture was accurate, the Tribunal found that ‘it is more likely, and more consistent with the independently verifiable facts, that the applicant suffered a mosquito bite in March 2020 while on long service leave and developed Ross River Fever symptoms in early April following which, her condition gradually worsened’.

The Tribunal was therefore not satisfied that the applicant’s RRV infection was suffered during her employment and consequently found her employment did not contribute to her ailment to a significant degree. Accordingly, the decision under review was affirmed.