Geyman and Telstra Corporation Limited (Compensation)

This matter concerned a claim for compensation brought by the Applicant, a 61-year-old employee of Telstra Corporation Limited (the Respondent), against the Respondent. The Applicant alleged that he sustained an injury on 5 February 2013 while working alone at the Rialto Towers in Melbourne. He claimed that while bending to pick up a computer cable, he experienced a sharp pain in his lower back, which intensified throughout the afternoon and prevented him from walking. The Applicant sought to establish that this incident caused his current back and leg pain, despite having previously worked for the Respondent in physically demanding roles and having signed a claim form that contained unanswered questions regarding prior similar symptoms, medical treatment, or compensation claims.

The central legal issue before the Senior Member was whether the Applicant's current condition was attributable to the incident on 5 February 2013, as alleged, or if pre-existing degenerative changes or prior injuries were the primary cause. Specifically, the Senior Member was required to determine the truthfulness and accuracy of the Applicant's account of the incident and its consequences, and to assess whether the unanswered questions on the claim form regarding previous similar injuries or treatments were relevant to the determination of liability.

The Senior Member considered the Applicant's evidence, which detailed the incident and the immediate onset of severe pain. However, the Senior Member also noted the Applicant's admission that he could not recall completing the claim form and that the answers to questions concerning prior similar symptoms, medical treatment, or compensation claims were left blank. The Senior Member acknowledged that the Respondent had initially accepted liability for acute low back strain. The Senior Member's reasoning would likely involve an assessment of the credibility of the Applicant's testimony in light of the unanswered questions on the claim form and the potential for pre-existing conditions to be the true cause of the Applicant's ongoing symptoms.