Dowey and Telstra Corporation Limited (Compensation)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Dowey against Telstra Corporation Limited. Mr Dowey sought compensation for permanent impairment and non-economic loss arising from an injury. Telstra applied for dismissal of the application under section 42B(1)(b) of the Administrative Appeals Tribunal Act 1975, arguing it had no reasonable prospect of success.

The primary legal issue before the Tribunal was whether Mr Dowey's application for compensation had a reasonable prospect of success, necessitating an assessment of the evidence to determine if there was a real issue of fact or law capable of being decided in his favour. This involved considering expert medical evidence, particularly regarding the degree of permanent impairment.

The Tribunal considered a report from Dr Ghan, an Orthopaedic Surgeon, who opined that the incident caused a musculoligamentous back sprain, with no evidence of radiculopathy or leg pain, and that the applicant recovered well and returned to work. Dr Ghan concluded there was no whole person impairment assessable from the injury, a finding not challenged by the applicant. A report from Dr Kennedy, an industrial physician, assessed the applicant's impairment under the Comcare Guide to the Assessment of the Degree of Permanent Impairment, finding an 8% whole person impairment for the lumbosacral spine. This finding was also not challenged by the applicant. The Tribunal noted that the 8% impairment assessment was below the 10% threshold required for compensation under sections 24 and 27 of the relevant Act.

Consequently, the Tribunal was satisfied that the application had no reasonable prospect of success and ordered its dismissal under section 42B(1)(b) of the Administrative Appeals Tribunal Act 1975.