Blandthorn and Military Rehabilitation and Compensation Commission (Compensation)

This matter concerned an application by Mr Blandthorn against the Military Rehabilitation and Compensation Commission. Mr Blandthorn, a former member of the Royal Australian Navy, claimed a lump sum payment for permanent impairment of his hearing and reimbursement of medical expenses. He alleged that his high-frequency hearing loss was caused by noise exposure during his service, specifically while manning a gate at Cerberus and the West Head gunnery range, where he was unable to wear hearing protection due to his duties. He also indicated potential exposure during service in the Gulf War area and during Rim Pac exercises.

The primary legal issue before the Tribunal was to determine whether Mr Blandthorn's claimed hearing loss constituted an "injury" or a "disease" for the purposes of compensation, and whether the evidence sufficiently established that his hearing loss was caused by his naval service. The Tribunal was required to consider the nature of hearing loss, particularly in relation to noise exposure and age-related degeneration, and to assess the reliability and completeness of the audiometric testing and other medical evidence presented.

The Tribunal noted a lack of complete service records from the respondent, which hindered the confirmation of Mr Blandthorn's overseas deployments and associated noise exposure. While audiometry results from 1993 and 1997 were noted as abnormal, the Tribunal expressed doubt regarding the accuracy of some testing, particularly a 1997 audiogram that showed significant improvement overnight without explanation. The pre-discharge audiogram did not reveal significant abnormalities. A 2005 study indicated a mild bilateral hearing loss at 8000 Hz compared to a 1990 study, but the Tribunal observed that this study was not compared with the 1990 levels, which would have revealed a threshold change. The most recent audiogram showed mild high-frequency sensori-neural hearing loss bilaterally. The Tribunal also noted that Mr Blandthorn was discharged on medical grounds, with earlier records referring to a post-viral syndrome, a documented cause of hearing loss, and considered advice regarding noise trauma and age-related hearing loss (presbycusis), which typically commences later in life. The Tribunal referenced the decision in *Corcoran and Comcare*, which distinguished between an "injury" and a "disease" based on the need for a sudden change in pathophysiology for the former.

The Tribunal determined that the evidence was insufficient to establish that Mr Blandthorn's hearing loss was an injury or disease arising out of his service. The application was therefore dismissed.