Allen and Telstra Corporation

[2004] AATA 685

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2004] AATA 685

ADMINISTRATIVE APPEALS TRIBUNAL      )

)  Nos Q2002/870, Q2003/306, Q2003/308

GENERAL ADMINISTRATIVE DIVISION		)
Re		JENNIFER ALLEN

Applicant

And TELSTRA CORPORATION

Respondent

DECISION

Tribunal Mr O Rinaudo, Member

Date30 June 2004

PlaceBrisbane

Decision

The Tribunal sets aside the decisions under review and in substitution therefor decides that:

(a)     the respondent is liable to pay compensation to the applicant, pursuant to sections 19 and 21 of the Safety, Rehabilitation and Compensation Act 1988,  in relation to her right shoulder injury;

(b)     the applicant is entitled to compensation for permanent impairment pursuant to sections 24 and 27 of the Act; and

(c)     the applicant is suffering from a 10% whole person impairment.

...................(Sgd)..................

O Rinaudo
  Member

CATCHWORDS

WORKERS’ COMPENSATION – benefits and entitlements – shoulder injury – some evidence of degenerative changes - injury at work has made a material contribution to the applicant’s condition – entitled to compensation – injury at work has resulted in permanent impairment – applicant’s voluntary redundancy does not affect her rights to compensation

Safety Rehabilitation and Compensation Act 1988 s 4, 19, 21, 24, 27

Treloar v Australian Telecommunications Commission (1990) 26 FCR 316
Federal Broom Co Pty Ltd v Semlitch (1964) 110 CLR 626
Re Stephenson and Telstra Corporation Limited [2001] AATA 343
Re West and Comcare (AAT 9320, 23 February 1994)
Re Ganley and Comcare [2003] AATA 14

Re Prica and Comcare (AAT 11050, 28 June 1996)

REASONS FOR DECISION

30 June 2004   Mr O Rinaudo, Member     

Decision Under Review

1.The applicant seeks review of decisions made by the respondent on:

(a)17 September 2002, affirming a determination of the 1 July 2002 that the respondent is not liable to pay compensation pursuant to section 19 and/or section 21 of the Safety Rehabilitation and Compensation Act 1988 (the Act) to the applicant in respect of right shoulder injury;

(b)28 March 2003, affirming a determination of 13 March 2003 that the respondent was no longer liable to pay compensation in respect of “right neck injury and shoulder rotor cuff injury” on and from 13 March 2003; and

(c)28 March 2003, affirming a determination of 28 February 2003 that the respondent is not liable to pay compensation in respect of permanent impairment for right arm condition.

History

2.       The applicant was born on 13 July 1943.  The applicant commenced work with the respondent in 1981 and was employed as a communications technician from 1985. The applicant ceased employment having accepted a voluntary redundancy on 10 August 2001. 

3.       On 26 October 2000, the applicant claimed that she experienced right shoulder pain whilst at work and was diagnosed with a rotor cuff injury to the right shoulder. The applicant lodged a claim for compensation on 30 October 2000 in respect of “right shoulder complaint”.  Liability was accepted by determination dated 10 November 2000. 

4.       On 15 October 2001, the respondent ceased liability for “right shoulder injury – rotor cuff”.  On 16 May…