Hassan and Military Rehabilitation and Compensation Commission (Compensation)

This matter came before the Tribunal concerning an application for compensation by Mr Hassan against the Military Rehabilitation and Compensation Commission. The dispute centred on whether an injury sustained by Mr Hassan in March 1990 contributed to the development of a condition affecting his neck or shoulder, thereby entitling him to compensation under section 14 of the *Defence Related Claims Act* (DRCA).

The Tribunal was required to determine, on the balance of probabilities, whether the injury Mr Hassan sustained in March 1990 contributed to his subsequent neck and shoulder condition. This involved assessing the adequacy of the initial medical treatment and diagnosis, the impact of continued training on the injury, and Mr Hassan's failure to report the injury on subsequent medical questionnaires and at his discharge medical examination.

The Tribunal considered the medical notes from the treating medical officer, which appeared comprehensive and did not suggest a need for more specialised diagnostic testing. It also noted that Mr Hassan continued with physically demanding training for several days after the injury without seeking further medical attention, indicating that the pain was manageable and the injury did not markedly deteriorate. Furthermore, the Tribunal found it difficult to reconcile Mr Hassan's claims of significant pain with his subsequent attempts to undertake a second selection course and his lack of medical treatment sought for the injury during his service or in the civilian period prior to his first radiology appointment. The Tribunal concluded that the injury sustained in March 1990 did not contribute to the development of cervical spondylosis or any other condition of the neck or left shoulder.

Accordingly, the Tribunal affirmed the decision under review, finding that Mr Hassan's condition of cervical spondylosis was not contributed to, to a significant degree, by his military service, and therefore he was not entitled to compensation under section 14 of the DRCA.