Bith and Telstra Corporation Limited (Compensation)

This matter concerned an application for review by Mr Bith against Telstra Corporation Limited regarding a workers' compensation claim for arm, shoulder, and neck pain. Mr Bith claimed his condition first manifested in 2010, but he did not lodge his claim until December 2021, stating he first sought medical treatment in February 2016. Telstra denied liability, asserting that Mr Bith had not provided appropriate notice of his injury and that his employment was not a significant contributing factor to his condition. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether Mr Bith had provided notice of his injury as soon as practicable, and if so, whether he had suffered an injury (either a disease or other physical injury) that arose out of, or in the course of, his employment, or was significantly contributed to by his employment.

The Tribunal's reasoning focused on two primary grounds for denying compensation. Firstly, it found that Mr Bith had failed to provide written notice of his injury "as soon as practicable" after becoming aware of it, as mandated by section 53(1)(a) of the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act). The Tribunal noted the significant delay of approximately six years between Mr Bith first noticing symptoms and lodging his claim, and the lack of corroborating evidence from his employer regarding any earlier notification. Secondly, even if the notice requirement had been met, the Tribunal determined that Mr Bith had not suffered an injury within the meaning of section 14 of the SRC Act. This was because the medical evidence did not establish that his diagnosed conditions, namely carpal tunnel syndrome and right brachialgia, were contributed to to a significant degree by his employment with Telstra.

The Tribunal accepted that Mr Bith was suffering from underlying pathology causing him pain, as evidenced by various medical reports and investigations detailing cervical spondylosis, right carpal tunnel syndrome, and right brachialgia. However, it found no medical or factual information to confirm a causal link between his employment and these conditions. The Tribunal noted that despite Mr Bith no longer being employed by Telstra for five years prior to the review, his symptoms had persisted and, at times, deteriorated, suggesting a multifactorial origin for his pain. Consequently, the Tribunal affirmed Telstra's decision to deny compensation.