Lieschke and Telstra Corporation Limited (Compensation)

This matter concerned an appeal by Mr Christopher Lieschke against determinations made by Telstra Corporation Limited regarding his entitlement to compensation. The dispute centred on whether Mr Lieschke continued to suffer from the effects of a compensable injury, specifically a subarachnoid brain haemorrhage he sustained at work on 15 October 2009, and consequently, whether Telstra remained liable for ongoing compensation payments. The decision was made by Member A Ward.

The court was required to determine whether Mr Lieschke continued to suffer from the effects of his compensable injury at the time the previous determinations were made and up to the present. This involved assessing whether his incapacity for work and need for ongoing medical treatment were a direct consequence of the aneurysm, or if any intervening factors had broken the chain of causation. The court also had to consider Telstra's ongoing liability to pay compensation for medical expenses, excluding gym expenses, in light of these findings.

The court accepted Mr Lieschke's evidence as truthful and consistent, corroborated by his wife's testimony regarding his deterioration following the aneurysm. Relying on the histories provided to medical professionals over time, the court found that Mr Lieschke had continued to suffer from the effects of the compensable injury at the time of the previous determinations and continued to do so. Consequently, the court determined that Telstra's liability to pay compensation, with the exception of gym expenses, continued from the time of those determinations.