Cakany and Australian Postal Corporation (Compensation)

This matter concerned a compensation claim brought by Ms. Cakany against the Australian Postal Corporation. The dispute centred on whether Ms. Cakany had sustained a compensable injury to her lumbar spine as a result of an incident at work on 28 September 2012, and whether the effects of that injury had ceased by 3 June 2013. The decision was made by J F Toohey SM.

The court was required to determine whether Ms. Cakany had suffered more than a mere musculo-ligamentous strain on 28 September 2012, and if so, whether the pathology identified in her lumbar spine on subsequent MRI scans was causally related to that incident. A further issue was whether the effects of any injury sustained had ceased by 3 June 2013, impacting her entitlement to ongoing compensation.

The court considered the evidence of medical experts, particularly Dr. Bodel and Associate Professor McGill. While there was agreement that Ms. Cakany experienced some event affecting her lower back on 28 September 2012 and that her MRI scans showed lumbar disc bulges, the experts differed on causation and the significance of the findings. Dr. Bodel was of the view that it was probable Ms. Cakany suffered a structural disruption, but acknowledged difficulties in correlating the scans with her symptoms, particularly the location of her reported pain. Associate Professor McGill concluded that the incident likely aggravated pre-existing disc degeneration, producing symptoms rather than changing the underlying structure, and suggested her ongoing symptoms might be related to her personality. Weighing this evidence, the court found that, on balance, the information favoured Ms. Cakany and was satisfied that the effects of her injury had not ceased by 3 June 2013. The decision under review was set aside, and it was determined that the effects of Ms. Cakany’s injuries had not ceased as at that date.