Muirden and Australian National University (Compensation)

This matter concerned an application for compensation by the Applicant, Muirden, following the death of the Deceased, who was employed by the Respondent, Australian National University. The central dispute revolved around whether the condition that resulted in the Deceased's death was properly classified as an "injury" or a "disease" under the relevant legislation, and consequently, whether compensation was payable. The decision was made by Senior Member Linda Kirk.

The legal issues before the Tribunal were twofold: firstly, to determine the condition that resulted in the Deceased's death, and secondly, to ascertain whether this condition should be classified as an "injury (other than a disease)" or a "disease" for the purposes of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act). The Applicant asserted that the Deceased's employment, particularly the demanding shift work and alleged pressure to work on rostered days off, contributed to his condition.

The Tribunal considered expert medical evidence regarding the Deceased's death, which was recorded as sudden unexpected death in epilepsy (SUDEP). While there was no direct proof of an epileptic seizure immediately preceding death, the Tribunal found that the expert medical evidence supported an inference that death was precipitated by an epileptic seizure, applying the principles from *Baranski v Comcare*. The Tribunal concluded that the Deceased suffered an "injury" within the meaning of sections 14 and 17 of the SRC Act, rather than a disease.

Consequently, the Tribunal set aside the reviewable decision and substituted a finding that the Respondent was liable to pay compensation to the Applicant pursuant to sections 14 and 17 of the SRC Act. The Applicant was also awarded costs.