Khiyo and Australian Postal Corporation (Compensation)

This matter concerned appeals by Mr. Khiyo against decisions of the Australian Postal Corporation to reject his claims for compensation under the Safety, Rehabilitation and Compensation Act 1988 (Cth). Mr. Khiyo sought compensation for an upper respiratory condition, described as allergic sinusitis plus chronic sinusitis with saprophetic infection, and an eyes condition, described as organic solvent and ink burns to both eyes, allergic blepharitis, and punctate keratitis. The Australian Postal Corporation rejected both claims on the basis that the conditions were not caused by Mr. Khiyo's employment.

The Tribunal was required to determine whether Mr. Khiyo’s claimed upper respiratory condition and eyes condition constituted an ‘injury’ as defined by section 5A of the Act, or a ‘disease’ as defined by section 5B of the Act, and if so, whether these conditions were caused by his employment with Australia Post. A key aspect of the determination involved assessing whether the claimed conditions were new injuries or merely a continuation of pre-existing symptoms.

The Tribunal found, based on the medical evidence, that Mr. Khiyo had a history of upper respiratory conditions dating back to 1986 and an eyes condition dating back to 1988, both of which manifested in symptoms similar to those claimed in his applications. The Tribunal concluded that the claimed conditions were a continuation of these pre-existing symptoms and were not caused by his employment with Australia Post. Evidence from Mr. Khiyo’s colleagues and an occupational health assessment report indicated that workplace exposures were within safe limits and did not support his claims of being significantly affected by the work environment.

Consequently, the Tribunal affirmed the decisions under review, finding that Mr. Khiyo had not suffered an injury as defined by the Act. As such, it was not necessary for the Tribunal to consider whether these conditions resulted in any incapacity for work or impairment.