Dennis Griffiths and Telstra Corporation Limited

[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

CaseChat Overview and Summary

The case between Dennis Griffiths and Telstra Corporation Limited involved a dispute over entitlement to medical treatment and incapacity payments following an injury sustained by Mr Griffiths on 24 May 2007. Telstra had made a decision that it was not presently liable for compensation concerning the bilateral medial meniscus tears, a decision which was subsequently affirmed by the Administrative Appeals Tribunal (AATA). The AATA was tasked with providing written reasons for this decision, as requested under section 43(2A) of the Administrative Appeals Tribunal Act 1975 (Cth).

The legal issues that arose in this case concerned Telstra’s liability for the costs of medical treatment obtained by Mr Griffiths before 21 September 2012, which Telstra had not yet paid for. The matter was resolved when the parties agreed that Telstra was not liable to cover these costs as they had already been paid by Medicare Australia under the Health and Other Services (Compensation) Act 1995 (Cth). The Tribunal's decision affirmed Telstra's position that it was not liable to pay for the specified medical treatment and incapacity payments at the present time, but this did not preclude Mr Griffiths from making future claims for such compensation.

Senior Member A K Britton, who presided over the case, concluded that the orders affirming Telstra’s decision were within the Tribunal’s power and appropriate. The decision made on 15 November 2013 was affirmed, and the written reasons were provided to address Telstra's request for clarification on the matter. The court's decision emphasised that Telstra's non-liability at that time did not preclude future claims by Mr Griffiths for medical treatment or incapacity payments related to the injury.

The final orders affirmed Telstra's decision, recognising that Telstra was not liable to pay for certain medical treatment costs previously incurred by Mr Griffiths, as these costs had already been addressed by Medicare Australia. The court ensured that the decision was comprehensive and clear, allowing both parties to understand their positions and rights moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Division	GENERAL ADMINISTRATIVE DIVISION
File Number(s)	2012/5468
Re	Dennis Griffiths
APPLICANT
And	Telstra Corporation Limited
RESPONDENT

Tribunal	Senior Member A K Britton
Date	15 November 2013
Date of written reasons	18 December 2013
Place	Sydney

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