Ortolan and Australian Postal Corporation (Compensation)

The Administrative Appeals Tribunal reviewed a decision by the Australian Postal Corporation to deny compensation to the applicant, Ms. Ortolan, under section 14 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth). The applicant claimed injury due to compression fractures in her spine and a partially collapsed left lung, which she attributed to her employment as a postal delivery officer. The Corporation's initial determination, affirmed by a reviewable decision, found no liability for compensation.

The Tribunal was required to determine the correct diagnosis of the applicant's condition and whether it constituted an "injury" or a "disease" for the purposes of the SRC Act. Specifically, the Tribunal had to consider whether the applicant's employment contributed to a significant degree to the onset or aggravation of her condition. The applicant had a history of various injuries and medical conditions, including spinal issues, which were disclosed during her pre-employment medical examination.

The Tribunal considered the medical evidence presented, including reports from Dr. Ferguson and Dr. Albietz, and the evidence of Dr. Steadman. While acknowledging the applicant's submission that she was unaware of having Scheuermann's disease prior to her claim, the Tribunal accepted Dr. Steadman's diagnosis that the applicant suffered from Scheuermann's disease of the thoracic spine. This diagnosis was consistent with imaging reports and Dr. Albietz's opinion, although Dr. Steadman could not account for the lung condition. The Tribunal found that Scheuermann's disease, as diagnosed, was not a "disease" for the purposes of sections 5A or 5B of the SRC Act.

Consequently, the Tribunal concluded that the applicant did not suffer a section 5A injury in relation to the claimed condition. Accordingly, the decision under review, which denied compensation, was affirmed.