Hyndman and Australian Postal Corporation (Compensation)

This matter concerned an application by Ms Hyndman against the Australian Postal Corporation regarding compensation for bilateral hip osteoarthritis. The dispute centred on whether Ms Hyndman's condition was work-related, specifically whether it was an aggravation of a pre-existing degenerative condition, and whether her employment contributed significantly to it. The case was heard by Dr L Bygrave, Member, of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether Ms Hyndman continued to be entitled to compensation under sections 16 and 19 of the *Safety Rehabilitation and Compensation Act 1988* (Cth) for accepted injuries, and whether she was entitled to the cost of bilateral hip replacement surgery under section 16 of the same Act. These required a determination of whether Ms Hyndman suffered from an ailment or aggravation of an ailment, and whether her employment with Australia Post contributed to it to a significant degree.

The Tribunal considered evidence regarding Ms Hyndman's duties as a postal delivery officer, which involved frequent mounting and dismounting of a motorbike, and the associated hip flexion and splayed leg posture. Medical evidence indicated a diagnosis of bilateral hip osteoarthritis, a degenerative joint condition. While Ms Hyndman also had haemochromatosis, expert opinion concluded this condition did not contribute to her hip osteoarthritis. The Tribunal found that bilateral hip osteoarthritis was a degenerative disease and therefore not an ailment within the meaning of section 5B of the *SRC Act*. However, it was satisfied that Ms Hyndman's employment contributed significantly to the aggravation of this condition. The Tribunal also found no evidence of wilful or false representation by Ms Hyndman regarding her condition.

Consequently, the Tribunal set aside the reviewable decisions of 5 February 2021 and 15 April 2021. In substitution, it decided that Ms Hyndman was entitled to the cost of bilateral hip replacement surgery and continued to be entitled to compensation for the aggravation of her bilateral hip degenerative change or osteoarthritis, associated with trochanteric bursitis and gluteal tendinopathy, from 18 March 2021 onwards.