Celik and Thales Australia Limited (Compensation)

This matter concerned an appeal by Mr Celik against a decision by Thales Australia Limited to reject his claims for compensation under sections 16 and 19 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth). Mr Celik sought compensation for right trochanteric bursitis and for the costs of right total hip arthroplasty surgery, alleging these conditions arose from a work incident on 4 December 2015. The decision under review was heard by Senior Member Mrs J C Kelly of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Celik's osteoarthritis, which was asymptomatic prior to the incident, became symptomatic as a result of the work injury sustained on 4 December 2015. The Tribunal was required to determine if there was a mechanism of injury capable of causing, and which probably did cause, the osteoarthritis to become symptomatic due to the incident.

The Tribunal accepted that Mr Celik suffered from trochanteric bursitis as a result of the incident, but found the medical evidence indicated he no longer suffered from this condition. Crucially, the Tribunal did not accept that the symptoms Mr Celik experienced immediately after the incident were the same as the symptoms of osteoarthritis he later complained of. Applying the principle that the applicant must prove their case on the balance of probabilities, the Tribunal was not satisfied that the work incident caused Mr Celik's asymptomatic osteoarthritis to become symptomatic. Consequently, the Tribunal affirmed the reviewable decision, finding Thales Australia Limited not liable to pay compensation for the claimed injury or the costs of the hip arthroplasty surgery.