Doutch and Military Rehabilitation and Compensation Commission (Compensation)

This matter concerned an appeal by Mr Doutch against a decision of the Military Rehabilitation and Compensation Commission (the Commission) to reject his claim for compensation for his right knee condition. Mr Doutch had previously received compensation for a left knee injury sustained during his National Service in 1969, which led to a meniscectomy and later a total knee replacement. He contended that his right knee condition, also requiring a total knee replacement, was a long-term sequela of his accepted left knee condition, arising from compensatory weight-bearing.

The primary legal issue before the Tribunal was whether Mr Doutch had established, on the balance of probabilities, a causal relationship between his accepted left knee condition and the development of his right knee condition, as required by the relevant provisions of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) and the *Defence Force Retirement and Death Benefits Act 1978* (Cth). This involved assessing the evidence regarding the onset and progression of his right knee symptoms and determining whether they were a consequence of altered gait or weight distribution stemming from his left knee injury.

The Tribunal considered the evidence of various medical professionals, including orthopaedic surgeons Mr Kjar and Mr Khoury, whose opinions favoured the Commission's position that Mr Doutch's right knee condition was unrelated to his service injury. The Tribunal placed greater weight on specialist evidence and found that while Mr Doutch's left knee had residual disability at the time of his discharge, there was insufficient medical record evidence to support a persistently abnormal gait over the subsequent forty years. The Tribunal also noted inconsistencies between Mr Doutch's account of long-standing right knee pain and the clinical presentation described by Mr Kjar. Furthermore, the Tribunal considered that factors such as Mr Doutch's weight, genetic predisposition, and his work as a carpenter were more likely explanations for the development of osteoarthritis in his knees.

Ultimately, the Tribunal was not satisfied on the balance of probabilities that a causal relationship existed between Mr Doutch's accepted left knee condition and the development of his right knee condition. Accordingly, the decision under review, which affirmed the Commission's rejection of the claim, was affirmed.