Kallimanis and Linfox Australia Pty Ltd (Compensation)

This matter concerned an application by Mr. Kallimanis to review a decision by Linfox Australia Pty Ltd that affirmed a prior determination. The prior determination had found that Mr. Kallimanis was not presently entitled to compensation for incapacity benefits and medical expenses related to an accepted left elbow condition. Additionally, the review sought to challenge the denial of liability for claimed conditions including left ulnar neuritis, left axillary nerve lesion, and left lateral epicondylitis. The case was heard by Deputy J W Constance P.

The primary legal issues before the Tribunal were whether Mr. Kallimanis had been incapacitated for work as a result of the accepted injury since the decision that he had no present entitlement, and whether Linfox was liable to compensate him for the claimed conditions of left ulnar neuritis, left axillary nerve lesion, and left lateral epicondylitis. Specifically, the Tribunal had to determine if these conditions were contributed to, to a significant degree, by Mr. Kallimanis' employment.

The Tribunal affirmed the decision that Mr. Kallimanis was not presently entitled to incapacity benefits or medical expenses for the accepted left elbow condition, finding that he had not been incapacitated for work since the previous determination. Regarding the claimed conditions, the Tribunal was not satisfied on the balance of probabilities that left ulnar neuritis, left axillary nerve lesion, or left lateral epicondylitis were contributed to to a significant degree by his employment. The reasoning for this included a lack of sufficient medical evidence to establish a significant contribution from employment for the lateral epicondylitis, and insufficient evidence to justify a finding that the axillary nerve lesion was an injury other than a disease, or that it arose out of or in the course of employment.