Brooks and Australia Postal Corporation

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2010] AATA 812

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No 2009/6116

GENERAL ADMINISTRATIVE DIVISION		)
Re		AMANDA BROOKS

Applicant

And AUSTRALIAN POSTAL CORPORATION

Respondent

DECISION

Tribunal Mr R G Kenny, Senior Member; and
Associate Professor J B Morley RFD, Member

Date22 October 2010

PlaceBrisbane

Decision The Tribunal sets aside the decision under review and substitutes its decision that the Australian Postal Corporation continues to be liable to pay compensation to the applicant under the Safety, Rehabilitation and Compensation Act 1988 (Cth) in respect of incapacity for the aggravation of greater trochanteric bursitis left hip.

.................[Sgd]...................

Senior Member  

6.      As this matter proceeded, it became important that the nature of Ms Brooks' compensable medical condition be clarified.  This proved to be no easy task as the medical experts indicated that this injury is not a fully understood pathological entity.  The medical evidence consisted of the reports of three investigations of Ms Brooks' left hip region and of medical reports from Ms Brooks' designated general practitioner and four orthopaedic surgeons, three of whom also gave oral evidence.

The investigation reports

7.      The first of the investigations was requested by Dr Rath.  This was an ultrasound examination of the left trochanteric bursa in conjunction with a second cortisone injection.  This was conducted on 7 November 2008 by Dr Michael Crouch, whose report reads:

Initial ultrasound demonstrates some thickening of the soft tissues in the region of the trochanteric bursa indicating changes of trochanteric bursitis.  Under ultrasound guidance 2 ml of Celestone Chronodrose and 2 ml of Marcain was injected into the subacromial bursa without complications.  Mrs Brooks will monitor her own progress over the next few days.[4]

[4] Exhibit 1, T9/12.

8.      Subsequently, Dr Rath’s practice colleague, Dr Mark Zischke, arranged Ms Brooks' x-ray examination of her left hip.  On 30 January 2009, Dr Eugene Lim reported the findings:

Slight bony sclerosis is seen at the superior articular surfaces in keeping with early osteoarthritis.  There is a sclerotic bony lesion in the proximal femoral shaft in keeping with a bone island.  Mild degenerative changes are seen at the lest [sic: left] S1 [sic: SI, i.e. sacro-iliac] joint.[5]

[5] Exhibit 1, T20/29.

9.      This was followed, on 6 March 2009, by an MRI scan of Ms Brooks' left hip, performed at the request of her treating orthopaedic surgeon, Dr Cameron Cooke.  Dr David Simpson provided the report:

Findings

There is mild increase intrasubstance signal involving the left gluteus minimus tendon associated with peritendinous soft-tissue oedema.  Appearances would be in keeping with gluteus minimus tendinosis and 'trochanteric bursitis'.  The left gluteus minimus tendon remains intact.

The left gluteus medius tendon appears normal and intact.  Both the left gluteus minimus and medius muscle bellies appear of good quality without signs of fatty atrophy.

The left hip articular cartilage appears well maintained.  No subchondral oedema or cystic change.  There are therefore no significant left hip joint degenerative changes.  There are no areas of marrow oedema to suggest transient…