Dennis Griffiths and Telstra Corporation Limited
[2013] AATA 902
[2013] AATA 902
Division GENERAL ADMINISTRATIVE DIVISION File Number(s)
2012/5468
Re
Dennis Griffiths
APPLICANT
And
Telstra Corporation Limited
RESPONDENT
DECISION
Tribunal Senior Member A K Britton
Date 15 November 2013 Date of written reasons 18 December 2013 Place Sydney The decision under review is affirmed.
.....................[SGD]...................................................
Senior Member A K Britton
CATCHWORDS
COMPENSATION—Workers’ Compensation—Entitlement to medical treatment and incapacity payments—Respondent made own motion decision that it was not presently liable to pay compensation for medical treatment or incapacity payments—This does not preclude the Applicant making future claims for medical treatment or incapacity payments
LEGISLATION
Administrative -Appeals -Tribunal Act 1975 (Cth) – s 43(2A)
Health and Other Services (Compensation) Act 1995 (Cth)
CASES
Re Griffiths and Telstra Corporation Limited [2013] AATA 695
REASONS FOR DECISION
Senior Member A K Britton
XX December 2013
On 15 November 2013 I entered consent orders affirming a decision made by Telstra Corporation Limited on 16 November 2012 that “[Telstra] is not presently liable to pay compensation for medical treatment or incapacity payments in respect of ‘bilateral medial meniscus tears’ sustained on 24 May 2007”. Telstra subsequently made a request under s 43(2A) of the Administrative Appeals Tribunal Act 1975 (Cth) for written reasons for that decision. These reasons are provided in answer to that request and should be read in conjunction with the reasons for decision handed down on 27 September 2013: Re Griffiths and Telstra Corporation Limited [2013] AATA 695.
When this matter came before me for directions on 15 November 2013 the only outstanding matter related to Telstra’s liability, if any, for the cost of medical treatment obtained by Mr Griffiths. In answer to directions made on 27 September 2013, Mr Griffiths provided evidence of medical treatment he had received before 21 September 2012, the costs of which had not been paid by Telstra. At the directions hearing the parties agreed that by the operation of the Health and Other Services (Compensation) Act 1995 (Cth) Telstra was not liable to pay the costs of that treatment as they had been paid by Medicare Australia.
At the directions hearing on 15 November 2013 both parties advised that they agreed to orders being made under s 43A the Administrative Appeals Tribunal Act 1975 to affirm the decision under review. I decided to make those orders because they were within the power of the Tribunal and, in my opinion, appropriate.
I certify that the preceding 3 (three) paragraphs are a true copy of the reasons for the decision herein of Senior Member A K Britton ...................[SGD].....................................................
Associate
Dated 18 December 2013
Date(s) of hearing 15 November 2013 Solicitors for the Applicant Firths - The Compensation Lawyers Counsel for the Respondent Brendan Kelly Solicitors for the Respondent Sparke Helmore
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