Faltusz and Telstra Corporation Ltd (Compensation)

Case

[2019] AATA 5995

12 December 2019


Details
AGLC Case Decision Date
Faltusz and Telstra Corporation Ltd (Compensation) [2019] AATA 5995 [2019] AATA 5995 12 December 2019

CaseChat Overview and Summary

The applicant, Mr Faltusz, brought a claim against Telstra Corporation Ltd concerning his entitlement to workers' compensation. Mr Faltusz had been employed by Telstra since 2009 and had experienced workplace assaults in 2010 and at some point prior to November 2015. By 5 November 2015, he was receiving workers' compensation for stress, anxiety, and depression. On that date, while waiting for a bus near his workplace, he experienced chest pains and shortness of breath, leading to hospitalisation for investigation of a possible heart attack.

The central legal issue before the Deputy President was whether the applicant's cardiac condition, specifically the significant stenosis in a marginal branch of his circumflex artery requiring a stent, was a consequence of his employment with Telstra, including the stress and anxiety he suffered as a result of his employment and the assaults he experienced. The court was required to determine the causal link between his work-related stressors and his diagnosed cardiac condition.

The Deputy President accepted the evidence of the applicant and his wife as honest and forthright. The medical evidence indicated that the applicant, a generally healthy 30-year-old, had a history of post-traumatic stress disorder and presented with chest pain. While initial tests for a heart attack were negative, a CT coronary angiogram revealed significant coronary artery disease, including a severe stenosis, which was subsequently treated with a stent. The Deputy President considered the applicant's history of stress and anxiety related to his employment and the assaults, alongside the medical findings of significant coronary artery disease and a positive family history, to assess the causal connection to his employment.

The Deputy President found that the applicant's cardiac condition was a consequence of his employment with Telstra. Consequently, the Deputy President made orders in favour of the applicant, entitling him to workers' compensation.
Details

Areas of Law

  • Employment Law

  • Negligence & Tort

Legal Concepts

  • Causation

  • Duty of Care

  • Negligence

  • Remedies

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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The Star Pty Ltd v Mitchison [2017] NSWCA 149