Hickey and Australian Postal Corporation (Compensation)

This matter concerned an application by Mr Hickey for review of a decision by the Australian Postal Corporation (APC) that it had no present liability to pay compensation to Mr Hickey. The dispute centred on Mr Hickey's claim for compensation in relation to an injury sustained on 27 September 1993, described as an "L5-S1 disc prolapse on the left with a sequelae of soft tissue injury right foot". The APC had initially accepted liability for the injury. The case was heard by L M Gallagher, Member.

The legal issues before the court were whether the APC had a present liability to pay compensation to Mr Hickey as at 15 January 2015. Specifically, the court was required to determine if Mr Hickey had ceased to suffer from the effects of his injury, and consequently, whether the APC had a present liability to pay for reasonable medical treatment under s 16 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act), and for incapacity for work under s 19 of the SRC Act.

The court considered Mr Hickey's evidence regarding the ongoing nature of his pain and the limitations imposed by his injury, including descriptions of sharp, electric-like pain and a constant gnawing sensation. Mr Hickey testified that he had learned to manage his condition by avoiding activities that could exacerbate his pain, and that he had developed specific strategies for tasks that previously involved lifting. The court also noted evidence from covert surveillance footage, which Mr Hickey contended did not demonstrate a capacity for heavy manual work beyond his stated limitations, but rather involved supervision and assistance with lighter tasks. The court ultimately affirmed the Reviewable Decision, finding that the APC did not have a present liability to pay compensation.