Ching and Australia Postal Corporation

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2007] AATA 1089

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No N2006/114
  )          No N2006/187
  )          No N2006/818

GENERAL ADMINISTRATIVE DIVISION		)
Re		XIAO MEI CHING

Applicant

And AUSTRALIA POSTAL CORPORATION

Respondent

DECISION

Tribunal Professor I. A Shearer, Senior Member and Dr. J. Campbell, Member

Date27 February 2007

PlaceSydney

Decision The Tribunal affirms the decision under review.

………........[sgd].....................

I.A Shearer,
  Senior Member

BACKGROUND

2.      It is to be noted that decision (b) above was found to be a reviewable decision by direction of Senior Member Kelly of this Tribunal dated 22 June 2006.

ISSUES BEFORE THE TRIBUNAL

3.      The issues before the Tribunal in the present proceedings are:

(a)Whether the Applicant refused or failed to undertake the rehabilitation and return to work program as directed on 29 September 2005 and affirmed on 7 December 2005;

(b)Whether the Applicant had a reasonable excuse for refusing or failing to undertake that rehabilitation program;

(c)Whether the Applicant’s rights to compensation are suspended, pursuant to section 37(7) of the Act until she begins to undertake the rehabilitation program as previously directed.

FACTUAL BACKGROUND

4.      The Applicant, Mrs. Xiao Mei Ching, was born in 1961. She commenced work with Australia Post in November 1988 as a Mail Officer. For the next 11 years her main duties consisted of sorting and indexing mail.

5.      In November 1999 a new Spectrum 10 sorting machine was introduced at Australia Post. Mrs Ching carried out work involving this machine.

6.      Mrs Ching first reported pain in an incident report dated 31 August 2001. She complained of “muscular pain, left arm sore” while working at a coding position on a Spectrum 10 postal sorting machine.

7.      Mrs Ching consulted a Dr Lau, a general medical practitioner, who diagnosed upper limb myalgia. As a result, a Workplace Assessment made by Australia Post directed that Mrs Ching be placed on restricted duties from 1/09/01 to 28/09/01 with no keyboard work (coding) and no lifting over 7 kg. It was also directed that medical approval be required before Mrs Ching recommenced indexing or coding duties.

8.      On 9 October 2001 Mrs Ching lodged a claim for compensation in respect of pain and soreness in her left arm. This claim was rejected by Australia Post on 23 October 2001 on the ground that there was no clear explanation to support the contention that there had been a work-caused injury. A Reconsideration Officer affirmed that determination by a decision dated 30 November 2001.

9. On 7 December 2001 Australia Post accepted liability under section 16 of the Act to pay compensation in respect of medical expenses in relation to “the condition from which you suffer” (i.e. the bilateral shoulder and left upper arm injury of 31 August 2001).

10.     There followed a number of complaints by Mrs Ching of left arm and wrist pain, and right shoulder pain, during 2002 and 2003, which it is unnecessary for the purposes of the present application to detail.…