Nguyen and Linfox Australia Pty Ltd (Compensation)

This matter concerned an application for compensation under the *Safety, Rehabilitation and Compensation Act 1988* (Cth) by an employee, Mr Nguyen, against his employer, Linfox Australia Pty Ltd. The applicant claimed he suffered an incapacity and impairment due to a right shoulder injury sustained while using a scanning gun during his employment on or about 12 August 2019. The respondent contended that the incident did not result in an injury as defined by the Act, and therefore the applicant was not entitled to compensation.

The court was required to determine whether the applicant suffered an injury, as defined by the Act, arising out of or in the course of his employment. Specifically, the court had to consider whether the injury was an "injury (other than a disease)" that arose in the course of employment (a temporal connection), or arose out of employment (a causal connection to the circumstances of his duties). Alternatively, if the condition was an "ailment," the court had to assess whether the applicant's employment contributed to the ailment or its aggravation to a significant degree. The court also needed to determine if the applicant had suffered an impairment and had an ongoing incapacity for work as a consequence of the incident.

The Tribunal accepted the applicant's evidence, supported by medical reports and testimony, that he experienced a sharp onset of pain and restricted movement in his right shoulder while performing his duties with a scanning gun. The Tribunal found the applicant's job involved repetitive movements, including reaching and lifting, which were consistent with his description of the incident. Based on this evidence, the Tribunal concluded that the applicant had an ongoing incapacity for work resulting from the incident on 12 August 2019.

Consequently, the Tribunal set aside the reviewable decision that denied the applicant compensation. The Tribunal substituted a decision in favour of the applicant, finding that he suffered incapacity and impairment as a result of a right shoulder injury that arose out of or in the course of his employment, or to which his employment contributed significantly. The respondent was ordered to pay the applicant's costs.