Gattari and Australian Postal Corporation

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2008] AATA 56

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No N2006/1562

GENERAL ADMINISTRATIVE DIVISION		)
Re		ROSARIA GATTARI

Applicant

And AUSTRALIAN POSTAL CORPORATION

Respondent

DECISION

Tribunal Senior Member M D Allen
Dr M E C Thorpe, Member

Date21 January 2008

PlaceSydney

Decision

The Tribunal SETS ASIDE the decision under review and remits this matter to the Respondent with the direction that the Applicant is entitled to the payment of compensation pursuant to s 14 of the Safety, Rehabilitation and Compensation Act 1998 for the ailment described as “temporary aggravation of carpal tunnel syndrome left wrist".

The question of costs is reserved for further submissions.   

..................[sgd].....................

M D Allen  Presiding Member

Dr McGill continued:

“Although, based on the history she provided, I think it is unlikely that her work duties influenced the level of symptoms that she experienced as a result of her carpal tunnel syndrome, I think repetitive work duties do have the potential to increase the level of symptoms experienced. Thus, if she were to return to her previous normal duties there is a possibility that her symptoms of carpal tunnel syndrome could be aggravated. If that were to occur, the aggravation could persist for up to four weeks following cessation of those repetitive activities.”

15.     Although in cross-examination Dr McGill agreed the work performed by the Applicant was highly repetitive, his opinion was that it was light work and thus would not have contributed to her CTS. The activity he stated had the potential to increase the symptoms, as opposed to underlying pathology, of the Applicant’s CTS but if this were so, the symptoms should have improved after ceasing work. In the Applicant’s case she had stated that they had deteriorated and this did not make sense to him, if it was alleged work was contributing to those symptoms.

16.     Professor Sambrook, Rheumatologist, examined the Applicant on 5 March 2007. He diagnosed CTS and opined that her work was a cause.

17.     In coming to his opinion that work was a cause of the Applicant’s CTS Professor Sambrook referred to a Meta-analysis of CTS by Moustafa et al and a Literature Review by Palmer et al carried out for the United Kingdom Injuries Advisory Council.

18.     Dr Honner is an experienced Hand Surgeon. He examined the Applicant on 25 July 2007. His diagnosis was bilateral CTS clinically more severe on the dominant left side. It was his opinion that the bilateral CTS was due to underlying constitutional conditions and not the Applicant’s work.

19.     Questioned by the Tribunal Dr Honner stated that the constitutional conditions he was referring to, was the Applicant’s sex, age (40-50) and weight. Cross-examined he conceded he had no experience of epidemiology but that his opinion was based on his clinical experience.  

20.     The Applicant was also examined by Dr Stapleton, who describes himself on his letterhead as a “Hand, Plastic and Reconstructive Surgeon” but he did not provide a Curriculum Vitae.…