Kingsbury and Australian Postal Corporation (Compensation)

This matter concerned a compensation claim brought by Ms Kingsbury against the Australian Postal Corporation. The Australian Postal Corporation accepted liability for Ms Kingsbury's psychological condition, but disputed her entitlement to permanent impairment compensation under sections 24 and 27 of the relevant Act. The sole issue before the Tribunal was the percentage of whole person impairment (WPI) Ms Kingsbury suffered as a consequence of her psychiatric condition, as a WPI of less than 10% would disentitle her to such compensation.

The Tribunal was required to determine whether Ms Kingsbury's whole person impairment was 10% or more, based on the evidence presented regarding her symptoms and their impact on her daily life. This involved assessing the reliability and consistency of her evidence concerning her reduced capacity for social activities, personal care, and household tasks, and considering whether this evidence satisfied the descriptors for a 10% WPI under the applicable guidelines.

Deputy President Bernard McCabe found that while there were some inconsistencies in Ms Kingsbury's evidence, her accounts of a diminished social life were relatively consistent. He was satisfied that at least two of the descriptors in Table 5.1 of the Guide to the Assessment of the Degree of Permanent Impairment could be satisfied, indicating a WPI of 10%. Consequently, the decision under review was set aside, and the Tribunal substituted a finding that Ms Kingsbury had a whole person impairment rated at 10%. The matter was remitted to the respondent for further assessment.