Davis and Australian Postal Corporation (Compensation)

This matter concerned a claim for compensation by the Applicant, Mr Davis, against the Australian Postal Corporation. The dispute arose from an incident on 12 December 2018, where the Applicant fell from a truck ladder and landed on his right shoulder. The Applicant alleged that this fall aggravated a pre-existing condition in his right shoulder, entitling him to compensation. The case was heard by R Cameron, Senior Member, of the Tribunal.

The Tribunal was required to determine whether the Applicant suffered a pre-existing ailment in his right shoulder, whether he injured his right shoulder in the fall during employment, and if so, whether this aggravation contributed to a significant degree to his current condition. A further issue was whether the Applicant was entitled to compensation, considering potential exclusions under the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act).

The Tribunal found that the Applicant did indeed fall from the truck ladder and landed directly on his right shoulder. Medical evidence, including reports from an Orthopaedic Surgeon, Dr Jennifer Flynn, indicated that the Applicant had pre-existing, asymptomatic arthritis in his right shoulder. The fall aggravated this pre-existing condition to a significant degree, causing a deterioration that would likely require a total shoulder joint replacement. The Tribunal concluded that this aggravation was contributed to by the Applicant's employment. The Tribunal also considered and rejected the Respondent's defence under section 7(7) of the SRC Act, finding that the Respondent had not satisfied the onus of proving the necessary elements for that defence.

The Tribunal determined that the Applicant had aggravated a pre-existing ailment, namely arthritis to his right shoulder, to a significant degree, and that this aggravation was contributed to by his employment. Accordingly, the Respondent was liable to pay compensation to the Applicant.