Crookes and Telstra Corporation Ltd

[2003] AATA 515

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2003] AATA 515

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No D2002/8

GENERAL ADMINISTRATIVE  DIVISION		)
Re		RICHARD CROOKES

Applicant

And TELSTRA CORPORATION LTD

Respondent

DECISION

Tribunal Deputy President Don Muller

Date30 May 2003  

PlaceBrisbane

Decision The Tribunal affirms the decision dated 27 November 2001, that Telstra Corporation Limited is no longer liable to pay compensation to Richard Crookes in respect of left knee injury, possible meniscus tear.

...............Signed...............................

D.W. MULLER

DEPUTY PRESIDENT

CATCHWORDS

COMPENSATION – nil disability

REASONS FOR DECISION

Deputy President Don Muller       

1.      This is an application to review a decision that as from 27 November 2001, the Respondent is no longer liable to pay compensation to Richard Crookes, the Applicant, in respect of left knee injury, possible meniscus tear.

2.      The Applicant injured his left knee in 1996.  He successfully claimed compensation for rehabilitation and medical expenses.  He was put on rehabilitation programs.  He had two knee operations.

3.      The specialist knee surgeon who did the second arthroscopy, Dr. Gregory Keene, noted on 10 December 1996, a “completely stable knee” and that the “meniscϋ and cruciate were normal”.

4.      In November 2001, the Applicant was examined by Dr. Anthony Blue, orthopaedic surgeon.  Dr. Blue reported that the Applicant’s knee had healed “leaving him with little if any, true physical disability”.  Dr. Blue was also of the opinion that the Applicant “displayed several inappropriate signs of presentation” and “overpresentation of disability”.  Dr. Blue assessed the Applicant’s left knee problem under the appropriate Table 9.2 at 0% impairment.

5.      On 31 March 2003, the Respondent wrote to the Applicant to advise him to attend an appointment with Dr. Blue on 7 May 2003, for the purpose of providing an up-to-date assessment.  The Applicant did not attend that appointment.

6.      The Applicant has provided no material to the Tribunal which would negate the opinions of Dr. Keene and Dr. Blue.  The Applicant did not attend the hearing.

7.      The Tribunal finds that the Respondent’s representative was entitled to act on the medical evidence available and to cease liability for compensation in respect of the Applicant’s left knee.

I certify that the 7 preceding paragraphs are a true copy of the reasons for the decision herein of Deputy President Don Muller

Signed:         .......................................................................................
           C. O’Donovan, Associate

Date/s of Hearing  30 May 2003
Date of Decision  30 May 2003
Applicant  No appearance
Counsel for the Respondent     Mr. C. Clark
Solicitor for the Respondent     Sparke Helmore