Barker and Telstra Corporation Limited

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2003] AATA 757

ADMINISTRATIVE APPEALS TRIBUNAL      )

)           No A2001/175

GENERAL ADMINISTRATIVE  DIVISION		)
Re		Colleen Michelle BARKER

Applicant

And Telstra Corporation Limited

Respondent

DECISION

Tribunal Mr G A Mowbray

Date5 August 2003

PlaceCanberra

Decision

The Tribunal varies the decision under review as follows:

(a)   The determination of 4 June 1996 is set aside, and in substitution therefor the Tribunal decides that:

(i)       Ms Barker’s compensable condition suffered on 5 June 1995 was one of tenosynovitis of both forearms (more left than right);

(ii)     Ms Barker continued to experience this condition as at June 1996;

(b)    The determination of 13 August 1999 is affirmed.

The Tribunal orders Telstra to pay Ms Barker’s costs as agreed or taxed.

..................[signed]...................

Member

being an ailment or an aggravation that was contributed to in a material degree by the employee's employment by the Commonwealth or a licensed corporation.

…

“injury” means:

(a) a disease suffered by an employee; or

(b) an injury (other than a disease) suffered by an employee, being a physical or mental injury arising out of, or in the course of, the employee's employment; or

(c) an aggravation of a physical or mental injury (other than a disease) suffered by an employee (whether or not that injury arose out of, or in the course of, the employee's employment), being an aggravation that arose out of, or in the course of, that employment;

but does not include any such disease, injury or aggravation suffered by an employee as a result of reasonable disciplinary action taken against the employee or failure by the employee to obtain a promotion, transfer or benefit in connection with his or her employment.

…”

“16 Compensation in respect of medical expenses etc.

(1) Where an employee suffers an injury, Comcare is liable to pay, in respect of the cost of medical treatment obtained in relation to the injury (being treatment that it was reasonable for the employee to obtain in the circumstances), compensation of such amount as Comcare determines is appropriate to that medical treatment.

…”

“19 Compensation for injuries resulting in incapacity

(1) This section applies to an employee who is incapacitated for work as a result of an injury, other than an employee to whom section 20, 21, 21A or 22 applies.

(2) Subject to this Part, Comcare is liable to pay compensation to the employee in respect of the injury, for each of the first 45 weeks…

(3) Subject to this Part, Comcare is liable to pay to the employee, in respect of the injury, for each week during which the employee is incapacitated, other than a week referred to in subsection (2), compensation…

…”

Issues

11.     In broad terms the issues before the Tribunal are

·     what  condition Ms Barker suffered from in 1995

·     whether she continued to suffer from that condition as at 4 June 1996

·     whether she continues to suffer the same condition.

Evidence

12. The documentary evidence…