McGowan and Telstra Corporation Limited (Compensation)

This matter concerned an application by Mr McGowan against Telstra Corporation Limited. Mr McGowan claimed he sustained a compensable injury to his cervical spine during his employment with Telstra, which resulted in pain radiating down his right arm. Telstra denied liability, and the Tribunal was required to determine whether Mr McGowan suffered an injury for which Telstra was liable to pay compensation under section 14 of the Act, and whether the Act was excluded from applying due to a failure to provide notice as soon as practicable.

The Tribunal was required to determine whether Mr McGowan suffered an injury, specifically whether his condition constituted a disease, an injury other than a disease, or an aggravation of an injury other than a disease. If it was a disease, the Tribunal had to consider if it was an ailment or an aggravation of an ailment. Furthermore, if it was an aggravation of an ailment, the Tribunal had to assess whether Mr McGowan's employment at Telstra contributed to it to a significant degree. A further issue was whether section 53 of the Act excluded its application due to Mr McGowan's alleged failure to provide timely notice of the injury.

The Tribunal found that Mr McGowan had a pre-existing degenerative cervical spondylosis, which had been aggravated by his work activities at Telstra, particularly the intense period of workstation use between 24 and 26 February 2015. However, the Tribunal concluded that while Telstra's work activities contributed materially to the aggravation of this ailment, this contribution did not reach the threshold of being "significant" as required by the Act. Consequently, Mr McGowan's claimed condition did not meet the definition of a compensable injury under the Act. The Tribunal also found that Mr McGowan had provided sufficient written notice to Telstra as soon as practicable after the injury, so section 53 did not exclude the Act's application.

Accordingly, the Tribunal affirmed Telstra's decision to deny liability under section 14 of the Act in respect of Mr McGowan's claimed injury to his cervical spine.