Collett and Telstra Corporation Limited (Compensation)

This matter concerned a claim for permanent impairment compensation by Mr Collett against Telstra Corporation Limited, arising from a right wrist injury. The dispute centred on the proper classification and quantification of Mr Collett's impairment, particularly in light of a further diagnosis of Complex Regional Pain Syndrome Type 1 (CRPS 1). The decision was made by Senior Member Egon Fice.

The primary legal issues before the Tribunal were whether Mr Collett had suffered a permanent impairment resulting in an increase of more than 10% whole person impairment (WPI) in respect of his right wrist injury, and whether an impairment grading could be allocated to the diagnosed CRPS 1 under the Comcare Guide. The Tribunal was required to determine if any further lump-sum compensation for permanent impairment and non-economic loss was awardable.

Senior Member Fice reasoned that while two medical practitioners had diagnosed CRPS 1, an impairment rating could only be allocated under the Comcare Guide if at least eight clinical signs of the condition were present. The evidence did not disclose the requisite number of clinical signs, thus precluding an impairment grading for CRPS 1. Regarding the flexion of Mr Collett's right hand fingers, the Tribunal found that due to Mr Collett's actions preventing accurate assessment by medical practitioners, it could not be established on the balance of probabilities that there was an increase of 10% or more WPI. Consequently, no further compensation was awardable.

The Tribunal affirmed Telstra's decision of 28 April 2015, which denied liability to pay Mr Collett further compensation under sections 24 and 27 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth).