D'Lima and Australian Postal Corporation (Compensation)

This matter concerned an application by Mrs D’Lima against the Australian Postal Corporation for compensation under the *Safety, Rehabilitation and Compensation Act 1998* (Cth) (SRC Act) concerning a left shoulder strain. Mrs D’Lima, a Mail Officer, claimed to have injured her left shoulder on 28 July 2010 while performing her duties. Her claim was initially accepted, but Australia Post later ceased liability based on a medical report. Mrs D’Lima sought reconsideration, arguing her injury remained work-related.

The primary legal issues before the Tribunal were whether Mrs D’Lima was entitled to compensation for a degenerative shoulder condition, whether this condition constituted a disease or an injury other than a disease, and crucially, whether her employment with Australia Post had substantially contributed to an aggravation of her pre-existing shoulder ailments, resulting in incapacity or impairment.

The Tribunal found that Mrs D’Lima suffered from pre-existing degenerative conditions in both shoulders, which qualified as ailments under the SRC Act. While her employment did not cause these conditions, the Tribunal determined, based on the evidence, that her work duties had significantly aggravated these pre-existing ailments. This aggravation directly contributed to her ongoing incapacity for her usual work duties, thus establishing liability under the SRC Act. Consequently, the Tribunal set aside the decisions under review and determined that Australia Post was liable to pay compensation for the aggravation of both Mrs D’Lima’s pre-existing right and left shoulder conditions, remitting the matter for reassessment.