Dekker and Australian Postal Corporation (Compensation)

This matter concerned two claims for compensation brought by the applicant against the Australian Postal Corporation. The applicant sought compensation under section 14 of the relevant Act for injuries to his left shoulder and neck, and subsequently his right shoulder and neck. The respondent had denied liability for these claims, and the Administrative Appeals Tribunal was required to determine whether the respondent was liable to pay compensation in respect of the alleged injuries.

The primary legal issues before the Tribunal were whether the applicant's claimed conditions arose out of, or in the course of, his employment with the Australian Postal Corporation, and whether his employment contributed to a significant degree to any aggravation of a pre-existing condition. This involved considering the nature of the applicant's work tasks, the medical evidence regarding the cause and aggravation of his symptoms, and the applicant's own account of events in light of his extensive prior medical history.

The Tribunal considered expert medical evidence from Dr Pillemer and Associate Professor McGill. Associate Professor McGill opined that the applicant's degenerative changes in his cervical spine were likely constitutional and that his symptoms were a reflection of these changes, not caused by his work. Dr Pillemer, however, suggested that the nature and conditions of the applicant's work would be regarded as aggravations of underlying conditions and substantial contributing factors to his ongoing symptoms. The Tribunal noted that the applicant's oral evidence was inconsistent with contemporaneous clinical history regarding prior injuries and non-work-related complaints, leading it to prefer the clinical records. Applying the principles from *Commonwealth of Australia v Beattie* and *Tippett v Australian Postal Corporation*, the Tribunal found that while pain experienced at work may constitute an aggravation, there must be a causal connection to employment, and the mere fact of feeling pain at work was insufficient.

The Tribunal affirmed the respondent's decisions to deny liability. It found that the applicant had not established that his employment with the Australian Postal Corporation had caused or significantly contributed to an aggravation of any underlying condition. The Tribunal was not satisfied that the applicant had suffered a compensable injury within the meaning of the Act.