Lovell and K & S Freighters Pty Limited (Compensation)

This matter concerned an application for compensation under sections 14, 16, and 19 of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) by the Applicant, a former truck driver, against his employer, K & S Freighters Pty Limited (the Respondent). The Applicant claimed to have sustained a right shoulder injury, specifically bursitis, during his employment. The core of the dispute revolved around whether the Applicant's injury was work-related and whether the Respondent was liable to pay compensation.

The court was required to determine the legal issues of causation and the Applicant's entitlement to compensation under the SRC Act. Specifically, the Tribunal had to assess whether the Applicant's right shoulder injury arose out of or in the course of his employment with the Respondent, considering the evidence presented regarding the nature of his work, the operation of the semi-trailer tarpaulins, and the timing of his complaints of shoulder pain. The Tribunal also had to consider the credibility of witnesses and the weight to be given to various pieces of evidence, including medical opinions and video demonstrations.

The Tribunal's reasoning focused on the lack of contemporaneous evidence of the Applicant complaining of shoulder pain in connection with his work prior to his termination. It found that the Applicant was aware of the process for reporting injuries and taking time off, having done so previously for a different injury. The Tribunal accepted the evidence of witnesses regarding the operation of the tarpaulin mechanism, including the manual winding process, and found that the Applicant's account of how the injury occurred was not supported by the evidence. Medical opinions that relied on an unaccepted version of events were discounted.

Consequently, the Tribunal affirmed the primary determination dated 4 June 2019, which denied the Applicant's claim for compensation. This decision was further affirmed by a subsequent decision dated 11 July 2019, meaning the Respondent was not liable to pay compensation under the relevant sections of the SRC Act.