Applicant and Australian Offshore Solutions Pty Ltd (Compensation)

This matter concerned a claim for seafarers' compensation brought by the Applicant against Australian Offshore Solutions Pty Ltd (AOS). The Applicant alleged that he suffered an injury, specifically stress and digestive disruption, which arose out of his employment as an Integrated Rating with AOS. The dispute centred on whether there was a causal connection between the Applicant's alleged injury and his employment, and whether a sign-off incident on board the vessel caused the claimed injury. The decision was made by Cr Walsh SM.

The Tribunal was required to determine several key issues. These included whether the Applicant had suffered an "injury" as defined by the relevant legislation, and specifically whether any such injury arose out of or in the course of his employment with AOS. Further, the Tribunal had to consider whether there was any causal connection between the Applicant's employment and the alleged injury, and whether any claimed disability or incapacity was caused by a pre-existing, non-work-related condition. Finally, the Tribunal needed to ascertain whether the Applicant had suffered any incapacity at all.

In reaching its decision, the Tribunal considered extensive documentary and oral evidence, including witness statements from the Applicant, ship's officers, and medical experts. The relevant legislation, the *Seafarers Rehabilitation and Compensation Act* (SRCA), defines "injury" to include a disease or a physical or mental injury arising out of or in the course of employment, or an aggravation of such an injury. The Tribunal noted that it was not in dispute that the Applicant was employed as an Integrated Rating on the vessel at the material times and was on board during the alleged incident, which satisfied certain conditions under s 9(2)(b)(i) of the SRCA. However, for compensation to be payable, the Tribunal had to be satisfied on the balance of probabilities that the Applicant sustained an injury that arose out of or in the course of his employment.

The Tribunal affirmed the decision under review.