Johnson and Australian Postal Corporation - [2004] AATA 1155

Administrative

Appeals

Tribunal

DECISION AND REASONS FOR DECISION [2004] AATA 1155
ADMINISTRATIVE APPEALS TRIBUNAL )
) No N2002/862

GENERAL ADMINISTRATIVE DIVISION
)                N2002/1880
                 N2003/851
                 N2003/884
                 N2003/886
                 N2004/1001

Re ANITA JOHNSON

Applicant

And

AUSTRALIAN POSTAL CORPORATION

Respondent

DECISION

Tribunal Dr.M.E.C.Thorpe, Member
Date 5 November 2004
Place Sydney

Decision
  The Tribunal decides as follows:

N2002/862:   The reviewable decision dated 18 June 2002 is set aside. In substitution for the decision set aside, the Tribunal finds that Australia Post is not liable to pay compensation for a neck injury but is liable to pay compensation for ongoing incapacity for carpel tunnel syndrome.

N2002/1880: The reviewable decision dated 3 December 2002 is      affirmed.

N2003/851:   The reviewable decision dated 12 July 2002 is affirmed.

N2003/884:   The reviewable decision dated 22 May 2003 is set aside and in substitution for the decision set aside, the Tribunal finds that Mrs Johnson is entitled to payment for sick leave from 3 March to 5 March 2003 for post operative convalescence and right shoulder pain.

N2003/886:   The reviewable decision dated 23 May 2003 is affirmed.

N2004/1001: The reviewable decision dated 2 August 2004 is set aside. In substitution for the decision set aside, the Tribunal finds that on and from 22 March 2004, Ms Johnson was entitled to payment of compensation in respect of her right shoulder.

……………………..
Dr M.E.C Thorpe
  Member

2.      The principal aspects of the claims are to do with the right shoulder and the carpal tunnel syndrome. Mr Skinner at the outset stated that there was an aggravation of the right shoulder accepted as work related, but argued that any aggravation had since ceased and so there was no ongoing liability of the right shoulder. The bulk of the findings will be to do with the right shoulder and the carpal tunnels for which she is receiving treatment and the other matters will be attended to in the process.
3.      Mrs Johnson was re-employed as a mail officer with the Australian Postal Corporation on 26 June 2000 and was fully medically fit. She had previously been employed by Australia Post from 1977 to 1993, when she ceased her employment as “she wanted a change”. She then worked with Salmat for two years and Telstra for four and a half years. She commenced work again with Australia Post in 2000, working five days a week, five hours at night on the bar coding machine. Mrs Johnson is right hand dominant and five feet two inches tall.
4.      In evidence Mrs Johnson admitted to a right shoulder injury in 1984, but as far as she could remember she did not have any time off work. She also admitted that for a period of two years, in 1987, she had problems with RSI in respect of a wrist. Liability was in fact accepted for both wrists. She had some time off work with the wrist problem and also a period of light duties. She also admitted to an incident with her back in 1993 and she had…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2004] AATA 1155
Decision Date: 5 November 2004

CaseChat Overview and Summary

The case of Johnson and the Australian Postal Corporation was before the Tribunal to review a series of decisions made by Australia Post regarding the compensation claims of Ms. Johnson. Ms. Johnson had filed claims for injuries including carpel tunnel syndrome, permanent impairment of her right shoulder, a left shoulder condition, sick leave, and pain management consultations. The primary legal issues before the court involved the interpretation and application of the Safety, Rehabilitation and Compensation Act 1988, particularly sections 24, 25, and 27. The court had to determine whether Australia Post was liable for various compensation claims, and if so, to what extent.

The Tribunal meticulously examined the medical evidence presented by both parties. In doing so, it assessed the six reviewable decisions made by Australia Post. The court found that while Australia Post was not liable for compensation concerning a neck injury, it was indeed liable for ongoing incapacity related to carpel tunnel syndrome. Regarding other claims, the Tribunal set aside some decisions and affirmed others. Notably, it ruled that Ms. Johnson was entitled to compensation for sick leave during a specified period for post-operative convalescence and right shoulder pain, as well as compensation for her right shoulder from a certain date onwards.

Ultimately, the Tribunal made several significant rulings. It set aside certain decisions by Australia Post, substituting them with findings that clarified Ms. Johnson's entitlements. For instance, it found Australia Post liable for ongoing incapacity due to carpel tunnel syndrome and for sick leave related to post-operative convalescence and right shoulder pain. The Tribunal affirmed other decisions where it found no errors in Australia Post's assessment. These rulings provided clarity and established the precise scope of Ms. Johnson's compensation entitlements.

Orders

Orders of the court

The Tribunal decides as follows:

N2002/862: The reviewable decision dated 18 June 2002 is set aside. In substitution for the decision set aside, the Tribunal finds that Australia Post is not liable to pay compensation for a neck injury but is liable to pay compensation for ongoing incapacity for carpel tunnel syndrome.

N2002/1880: The reviewable decision dated 3 December 2002 is affirmed.

N2003/851: The reviewable decision dated 12 July 2002 is affirmed.

N2003/884: The reviewable decision dated 22 May 2003 is set aside and in substitution for the decision set aside, the Tribunal finds that Mrs Johnson is entitled to payment for sick leave from 3 March to 5 March 2003 for post operative convalescence and right shoulder pain.

N2003/886: The reviewable decision dated 23 May 2003 is affirmed.

N2004/1001: The reviewable decision dated 2 August 2004 is set aside. In substitution for the decision set aside, the Tribunal finds that on and from 22 March 2004, Ms Johnson was entitled to payment of compensation in respect of her right shoulder.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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GENERAL ADMINISTRATIVE DIVISION		) N2002/1880 N2003/851 N2003/884 N2003/886 N2004/1001
Re		ANITA JOHNSON