Corbett and Australian Air Express Pty Ltd (Compensation)

This matter concerned an appeal by Mr Corbett against a decision by the Australian Air Express Pty Ltd to cease his compensation payments. The dispute centred on whether Mr Corbett's current condition, specifically osteoarthritis of the hips, remained materially or substantially linked to an injury sustained in October 2001, which was accepted as having been contributed to by his employment.

The legal issues before the Tribunal were whether Mr Corbett's osteoarthritis was still materially or substantially linked to the accepted injury of October 2001, and consequently, whether he remained entitled to compensation under sections 16 and 19 of the relevant Act. A key sub-issue involved the potential existence and impact of a labral tear at the time of the original injury, and whether this constituted an injury other than a disease that could be linked to his current condition.

The Tribunal considered evidence suggesting the possibility of a labral tear at the time of the October 2001 injury, as reported by various medical professionals. However, the Tribunal noted that a diagnosis of a labral tear could not be definitively made without an MRI, and that even with the available reports, the link between the original injury and the current osteoarthritis was not sufficiently established. The Tribunal referred to the principles of aggravation and acceleration of pre-existing conditions, as discussed in *Cassaroto v Australian Postal Corporation*, but ultimately found that Mr Corbett had not satisfied the onus of proving a material or substantial link between his current osteoarthritis and the accepted 2001 injury.

The Tribunal affirmed the decision under review, finding that Mr Corbett was no longer entitled to compensation pursuant to sections 16 and 19 of the Act.