Macdonald and Military Rehabilitation and Compensation Commission (Compensation)

The applicant, Mr. Macdonald, sought compensation from the Military Rehabilitation and Compensation Commission for Achilles tendinopathy. The dispute concerned whether the applicant's service was connected to his injury, as required by the *Military Rehabilitation and Compensation Act 2004* (Cth) and the relevant Statement of Principles (SoP) concerning Achilles tendinopathy. The matter was heard by Deputy President McDermott of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant could establish, on the balance of probabilities, a connection between his Achilles tendinopathy and his military service, in accordance with the applicable SoP. This involved determining the date of clinical onset of the condition and whether specific factors outlined in the SoP, particularly factor 9(2) relating to weight-bearing exercise, were met and linked to his service.

The Tribunal considered the applicant's evidence regarding his training regimen, which included significant weight-bearing exercises and running. However, the Tribunal found that the clinical onset of the Achilles tendinopathy occurred on 22 November 2009, when the applicant ruptured his Achilles tendon while playing netball at home, a day when he was not on duty. While the applicant relied on factor 9(2) of the SoP, which requires undertaking specific weight-bearing exercise for at least four weeks prior to clinical onset, the Tribunal concluded that the injury did not occur within compensable circumstances. The Tribunal was not reasonably satisfied that the applicant's condition was connected to his service, as the SoP in force did not support such a connection on the balance of probabilities.

Consequently, the Tribunal affirmed the decision under review, meaning the applicant's claim for compensation was not granted.