Katterns and Military Rehabilitation and Compensation Commission (Compensation)

This matter concerned a claim for compensation by Mr Gregory Katterns against the Military Rehabilitation and Compensation Commission for osteoarthritis of the right hip. The dispute arose from the Commission's decision to disallow the claim, which was subsequently affirmed on review. The application was heard by Deputy President McDermott of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant's military service in the Army Reserves had materially or significantly contributed to his condition of osteoarthritis of the right hip, thereby entitling him to compensation under section 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth). The respondent contended that the medical evidence did not establish the necessary level of contribution from the applicant's service.

The Tribunal considered medical reports from various practitioners. While acknowledging the applicant's pre-existing knee conditions and the respondent's acceptance of liability for aggravation of osteoarthritis in his knees, the Tribunal focused on the hip condition. Dr Hameed suggested a possible link between the knee condition and hip pain, and Dr Reidy noted the knees could have been an aggravating factor, though the extent was difficult to ascertain. Dr Sharwood, an orthopaedic surgeon, described osteoarthritis as largely constitutional but opined that the applicant's military service had probably accelerated the onset of his hip osteoarthritis, estimating a 25 percent contribution due to excessive stresses.

Deputy President McDermott set aside the decision under review. In substitution, the Tribunal decided that compensation was payable to the applicant under section 14 of the Act in respect of the osteoarthritis of the right hip, finding that it was aggravated by his reserve military service.