Moore and John Holland Pty Ltd (Compensation)

The matter before Senior Member Dr Damien Cremean concerned a claim for compensation by the Applicant, Mr Moore, against his former employer, John Holland Pty Ltd. The Applicant alleged that he suffered an injury to his left knee arising out of or in the course of his employment with the Respondent, or that his employment significantly contributed to an aggravation of a pre-existing ailment in his left knee. The Applicant had a long history of knee problems and multiple surgeries on both knees prior to his employment with the Respondent. He specifically identified two incidents during his employment: one on 17 October 2013 and another on 6 February 2014, which he claimed aggravated his left knee condition, ultimately leading to a full knee replacement in 2016.

The central legal issue for determination was whether the Applicant's left knee condition constituted a compensable "injury" under the relevant legislation, specifically section 14 of the Act. This required the court to consider whether the condition was an "injury" as defined in section 5A(1) of the Act, which includes either a physical or mental injury arising out of or in the course of employment, or a "disease" as defined in section 5B(1), which encompasses an ailment or aggravation of an ailment contributed to to a significant degree by employment. The court was also required to assess whether any such injury or disease resulted in an "incapacity for work" as defined in section 4(9) of the Act. The parties had made submissions following the High Court's decision in *Military Rehabilitation and Compensation Commission v May*, with the Applicant arguing that his condition was a disease by way of aggravation of an ailment significantly contributed to by his employment, and alternatively, that it was a physical injury under section 5A(1)(b).

The Senior Member reasoned that while the Applicant had sustained incidents during his employment that affected his left knee, he had not demonstrated a resultant incapacity for work. The evidence indicated that despite the incidents and ongoing knee issues, the Applicant continued to work and did not seek medical attention or time off immediately after the incidents, prioritising his earnings. The Senior Member concluded that the Applicant had not suffered an incapacity for work as a consequence of any injury or aggravation of an ailment arising from his employment with the Respondent.

Consequently, the Senior Member affirmed the reviewable decision.