Bishop and Australian Postal Corporation (Compensation)

This matter concerned a claim for compensation by Mr Paul Bishop against the Australian Postal Corporation. Mr Bishop alleged he suffered injuries to his right shoulder, neck, and a psychiatric disorder as a result of his employment as a B-Double truck driver. The Australian Postal Corporation had denied liability for these conditions. The case was heard by Miss E A Shanahan, Member, of the Tribunal.

The legal issues before the Tribunal were whether Mr Bishop’s right shoulder pathology constituted an injury arising out of or in the course of his employment, and whether his claims for neck pain and a psychiatric disorder were similarly compensable. Specifically, the Tribunal had to determine if the duties performed by Mr Bishop, including the manual lifting of large tyres, contributed significantly to his right shoulder condition, and if his neck and psychiatric claims were supported by sufficient evidence to establish a work-related injury or aggravation.

The Tribunal found that Mr Bishop’s right shoulder pathology was an injury arising out of his employment, based on evidence that he used his right shoulder to lift after sustaining a left shoulder injury. This conclusion was supported by medical evidence indicating his right shoulder was normal in 2011 but abnormal by 2013, with investigations revealing rotator cuff injuries and bursitis. Regarding the neck injury claim, the Tribunal rejected it due to conflicting medical evidence and the lack of definitive diagnostic investigations, such as nerve conduction studies, which were recommended by several medical professionals. The claim for a psychiatric disorder was also rejected, with the Tribunal finding the evidence suggested an anger problem rather than a diagnosed psychiatric disorder, and noting no period of incapacity attributable to such a disorder.