Arumugam and TNT Australia Pty Ltd (Compensation)

This matter concerned Mr Arumugam's claims for compensation under the *Safety, Rehabilitation and Compensation Act 1988* (Cth) following a lower back injury sustained on 11 April 2013 while employed by TNT Australia Pty Ltd. The central dispute revolved around whether the effects of this accepted injury had ceased by 4 September 2014, as determined by the respondent, or if Mr Arumugam continued to suffer from its ongoing effects. Mr Arumugam had lodged multiple workers' compensation claims for lower back injuries between 2009 and 2013, with TNT accepting liability for the April 2013 injury, which involved left lumbar apophysitis.

The court was required to determine the nature and extent of Mr Arumugam's ongoing incapacity resulting from the 11 April 2013 injury. Specifically, the court had to assess whether the medical evidence supported the conclusion that the effects of the injury had resolved by September 2014, or if the injury remained an ongoing cause of Mr Arumugam's current condition. This involved evaluating conflicting medical opinions regarding the persistence of symptoms and the impact of pre-existing degenerative changes in Mr Arumugam's lumbar spine.

The court's reasoning focused on the weight of the medical evidence presented. While the respondent relied on Dr English's opinion that the aggravation from the April 2013 injury had ceased by mid-2014, the court found that Mr Arumugam continued to suffer the effects of this injury. The court also considered the reasonableness of ongoing medical treatment, including medication and physiotherapy, for Mr Arumugam's work-related condition. Ultimately, the court set aside the reviewable decisions and substituted its own findings, concluding that Mr Arumugam continued to suffer the effects of the low back injury and was entitled to compensation from 4 September 2014 onwards. The court also found TNT liable for compensation in respect of the applicant's psychological condition, significantly contributed to by his employment.