Allan and Australian Postal Corporation - [2009] AATA 165

Administrative Appeals Tribunal
DECISION AND REASONS FOR DECISION [2009] AATA 165
ADMINISTRATIVE APPEALS TRIBUNAL )
) No V 200500829 ) No V 200501150

GENERAL ADMINISTRATIVE DIVISION )

Re JOHN ALLAN

Applicant

And

AUSTRALIAN POSTAL

CORPORATION

Respondent

DECISION

Tribunal Miss E A Shanahan, Member
Date13 March 2009
PlaceMelbourne

Decision
The Tribunal:

1.      affirms the Respondent’s liability under s 14 of the Safety and Rehabilitation Compensation Act 1988 (the Act) to pay Mr Allan compensation for the right rotator cuff injury;

2.      varies the decisions under review to the extent that the Respondent is liable under s 14 and s 16 of the Act to pay Mr Allan compensation for:

(a)     left wrist tenosynovitis from 15 April 2005 until 13 February 2006; and

(b)     adjustment disorder with depressed mood and anxiety from 15 April 2005 until 30 January 2006;

3.      the decision under review is otherwise affirmed; and

4.      the matter is remitted to the Respondent to determine the compensation payable.

The Respondent shall pay the Applicant’s costs in this matter in an amount agreed by the parties or, in the event that the parties cannot agree, as taxed by the Tribunal.

(sgd) E A Shanahan
Member

COMPENSATION – new physical injury on return to work program – mental injury – personality disorder, adjustment disorder – dismissal for breach of code of ethics – bullying and harassment claimed – mental injury if present resulted from reasonable disciplinary action. Decision varied.
Safety and Rehabilitation Compensation Act 1988 ss 4, 14, 16, 19
Transport Industries Insurance Company Limited v Longmure (1997) 1 VR 125
Re McFarlane v Telstra Corporation Limited [2007] AATA 1663
Weigand v Comcare [2002] FCA 1464
Comcare v Chenhall (1992) 37 FCR 75
Hart v Comcare [2005] FCAFC 16
REASONS FOR DECISION

13 March 2009 Miss E A Shanahan, Member

1.      Mr J Allan lodged a claim for compensation for an injury to wrist to fingers on left hand on 2 May 2005. The Australian Postal Corporation (the Respondent) denied liability for the injury. This decision was affirmed on internal review on 26 October 2005. Mr Allan lodged a further claim for psychological stress at failed return to work program causing further injury on 16 May 2005. The Respondent again denied liability for the injury. The decision was internally reviewed and affirmed on 20 July 2005. Both injuries occurred while Mr Allan was on a return to work program (RTWP) for a right shoulder injury, for which the Respondent had accepted liability.
2.      Mr Allan was employed by the Respondent from 28 October 1993 until 27 November 2006, on which date he was dismissed from employment. Mr Allan applied to the Administrative Appeals Tribunal (the Tribunal) for review of the Respondent’s decisions; with respect to the wrist injury on 20 December 2005 (V 200501150), and for the psychological stress on 15 September 2005 (V 200500829).
3.      Mr Allan had applied to the Australia Post Board of Reference for review of the decision to dismiss him. This application was heard…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Allan and Australian Postal Corporation and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2009] AATA 165
Decision Date: 13 March 2009

CaseChat Overview and Summary

The case of Allan and Australian Postal Corporation involved a dispute where Mr Allan claimed compensation for injuries sustained during his employment. The tribunal was tasked with determining whether the Australian Postal Corporation was liable to pay compensation under the Safety and Rehabilitation Compensation Act 1988. The injuries in question included a right rotator cuff injury, left wrist tenosynovitis, and adjustment disorder with depressed mood and anxiety.

The legal issues before the tribunal centred on whether the Australian Postal Corporation was liable under sections 14 and 16 of the Act to compensate Mr Allan for the injuries sustained. The tribunal had to ascertain the extent of the injuries and whether they arose out of or in the course of employment. Furthermore, it needed to determine if the injuries were due to a disease contracted in the course of employment and whether they resulted from an injury to which the Act applied.

In reaching its decision, the tribunal found that the Australian Postal Corporation was liable under section 14 of the Act to compensate Mr Allan for his right rotator cuff injury. It also found that the Corporation was liable under sections 14 and 16 to compensate Mr Allan for his left wrist tenosynovitis from 15 April 2005 until 13 February 2006 and for his adjustment disorder with depressed mood and anxiety from 15 April 2005 until 30 January 2006. The tribunal affirmed the decisions under review in all other respects and remitted the matter back to the Australian Postal Corporation to determine the compensation payable.

The tribunal's final orders affirmed the liability of the Australian Postal Corporation to compensate Mr Allan for the specified injuries and conditions. It varied the decisions under review to reflect this liability. The tribunal also ordered that the Australian Postal Corporation pay Mr Allan's costs in the matter, either by agreement between the parties or, if necessary, as determined by the tribunal.

Orders

Orders of the court

The Tribunal:

1. affirms the Respondent’s liability under s 14 of the Safety and Rehabilitation Compensation Act 1988 (the Act) to pay Mr Allan compensation for the right rotator cuff injury;

2. varies the decisions under review to the extent that the Respondent is liable under s 14 and s 16 of the Act to pay Mr Allan compensation for:

(a) left wrist tenosynovitis from 15 April 2005 until 13 February 2006; and

(b) adjustment disorder with depressed mood and anxiety from 15 April 2005 until 30 January 2006;

3. the decision under review is otherwise affirmed; and

4. the matter is remitted to the Respondent to determine the compensation payable.

The Respondent shall pay the Applicant’s costs in this matter in an amount agreed by the parties or, in the event that the parties cannot agree, as taxed by the Tribunal.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.