Anderson and Military Rehabilitation and Compensation Commission (Compensation)

This matter came before the Tribunal for review of a decision by the Military Rehabilitation and Compensation Commission (the Respondent) that affirmed a prior determination disallowing the Applicant's claim for compensation under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act) for permanent impairment and non-economic loss in respect of obstructive sleep apnoea (OSA). The Applicant, who served in the Royal Australian Navy, sustained a broken nose during his service in 1988, and later developed symptoms of OSA around 2006.

The primary legal issues before the Tribunal were whether the Applicant's OSA constituted a permanent impairment and whether he was entitled to compensation for non-economic loss. Central to these issues was the question of whether the Applicant's service, specifically the injury to his nose and a subsequent deviated septum, contributed to a significant degree to the development of his OSA.

The Tribunal considered medical evidence, including reports from sleep physicians and an ear, nose and throat specialist. Crucially, the evidence from Dr. Prichard indicated that the Applicant's broken nose was unlikely to have contributed to his OSA, as the trauma affected the external nasal structure and the effects were expected to be temporary. Dr. Prichard further testified that intranasal issues, such as septal deviation, are more commonly linked to OSA, and that while the Applicant had a deviated septum which was surgically corrected, the primary risk factors for his OSA were his body mass index and neck circumference. The Tribunal accepted that the Applicant's OSA was likely to have developed irrespective of the service-related injury, due to constitutional factors.

The Tribunal affirmed the Respondent's decision, finding that the Applicant had not established that his OSA was contributed to, to a significant degree, by his defence service. Consequently, the Applicant was not entitled to compensation for permanent impairment or non-economic loss under the SRC Act.