OBST and AUSTRALIAN POSTAL CORPORATION

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2010] AATA 53

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          Nos 2007/3910, 2007/5834

GENERAL ADMINISTRATIVE DIVISION		)                 & 2008/5504
Re		REBECCA LOUISE OBST

Applicant

And AUSTRALIAN POSTAL CORPORATION

Respondent

DECISION

Tribunal Senior Member L Hastwell
Professor P L Reilly AO (Member)

Date25 January 2010

PlaceAdelaide

Decision

The Tribunal sets aside the decisions under review and in substitution decides that:

1. The decision of the 20 July 2006 in which APC ceased liability pursuant to ss 16 and 19 of the SRC Act with respect to Ms Obst’s ankle injury is set aside. The Tribunal finds that liability was ongoing.

2.  The Tribunal sets aside the decision of 22 November 2007 with respect to Ms Obst’s claim that APC is liable in relation to Complex Region Pain Syndrome and finds that liability for her ankle injury should extend to liability for the subsequent development of CRPS.

3.  The Tribunal sets aside the decision of 30 September 2008 that Ms Obst did not have a permanent impairment of her left ankle and substitutes the decision that Ms Obst does have a permanent impairment of her left ankle arising as a result of the original ankle injury and its sequelae and that her impairment is 11 percent under the relevant Comcare tables.

4.  The Tribunal sets aside the decision of 20 July 2007 that the APC was not liable with respect to Ms Obst’s claim for psychological injury for the period 28 November 2006 and 12 March 2007 and finds that the APC is liable with respect to the psychological injury of adjustment disorder with depressed mood that she suffered during that period.

5.  The Tribunal finds that it has no jurisdiction to deal with any psychological condition that Ms Obst suffered after she was certified fit to return to work by her medical practitioner as of 12 March 2007.

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L HASTWELL
  (Senior Member)

13. If the Commonwealth is found to be liable for an injury under s 14 of the SRC Act then there is a liability to compensate the employee under other provisions of the SRC Act.

14. Section 16 of the SRC Act provides for the Commonwealth to pay for the cost of medical treatment in relation to an injury. Section 16(1) provides as follows:

“16       Compensation in respect of medical expenses etc.

(1)Where an employee suffers an injury, Comcare is liable to pay, in respect of the cost of medical treatment obtained in relation to the injury (being treatment that it was reasonable for the employee to obtain in the circumstances), compensation of such amount as Comcare determines is appropriate to that medical treatment.”

15. Section 19 of the SRC Act provides for compensation for injuries resulting in incapacity. It provides a formula for weekly compensation during periods where, as a result of incapacity, an employee either cannot work at all or cannot work at the same level that they previously worked because of the compensable condition.

16.…