Kerin and Australian Postal Corporation

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2005] AATA 228

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No   A2002/391
  )                 A2002/403

GENERAL ADMINISTRATIVE DIVISION		)
Re		BRADLEY KERIN

Applicant

And AUSTRALIAN POSTAL CORPORATION

Respondent

DECISION

Tribunal   Mr J.W. Constance, Senior Member

Date              17 March 2005

Place            Canberra

Decision

A2002/391

The decision of the Australian Postal Corporation made 11 September 2002 is set aside.  In substitution, the Tribunal decides that the Australian Postal Corporation is liable to pay to Mr Kerin compensation under section 16 of the Act in respect of the cost of the acromioplasty and rotator cuff repair of the left shoulder and under section 19 of the Act in relation to time incapacitated for work being the period 25 June 2002 to 1 November 2002.

A2002/403

The decision of the Australian Postal Corporation made 16 July 2004 is set aside.  In substitution the Tribunal decides that as at the date of this decision the injury to Mr Kerin’s left shoulder sustained on or about 5 November 2001 had ceased to result in incapacity for work and the requirement for medical treatment.

..............................................

Mr Kerin reported this incident to his manager, Mr Rodda before completing his shift At Mr Rodda’s request Mr Kerin completed a claim form[4] and saw his general practitioner, Dr Tyler, and Dr Shroot, a general practitioner appointed by the Corporation.  Both medical visits took place on 9 November 2001 and Mr Kerin worked his normal shifts both before and in the weeks following these appointments. He says that he was “working with pain a lot of the time.”[5]

[4] Exhibit R28.

[5] Transcript p.33.

11.     On 12 November 2001 Mr Kerin lodged his claim for compensation.[6]  This claim referred to described the injury as “muscular pain in left shoulder” and included the statement that “this has happened over time not one particular incident.”  The claim made no mention of the incident the previous month involving the ULD.

[6] Exhibit R23.

12.     During the following weeks Mr Kerin attended a number of sessions of physiotherapy as recommended by Dr Shroot.

13.     In April 2002 the pain worsened and Mr Kerin again saw Dr Tyler who referred him to Dr Howse, a sports physician.  At this time Mr Kerin was off work for 2 days because of the pain.  On 23 April 2002 Mr Kerin saw Dr Howes who ordered a MRI arthrogram of the left shoulder.  This was carried out on 29 May 2002 and showed “an effectively full thickness chronic degenerative tear of the anterolateral SST [supraspinatus tendon] measuring approximately 2cm without retraction, wasting or free passage of contrast into the bursa”. [7]

[7] Exhibit R25.

14.     In turn, Dr Howse referred Mr Kerin to Dr Creer, an orthopaedic surgeon. Mr Kerin was initially seen by Dr Creer on 25 June 2002.  On 25 June 2003 Dr Creer performed an acromioplasty and rotator cuff repair to Mr Kerin’s left shoulder.  He reported that Mr Kerin was found to have “an extensive partial thickness tear involving…