Panov and Telstra Corporation Ltd

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Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2003] AATA 677

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No N2002/1151

GENERAL ADMINISTRATIVE DIVISION )
Re Slavica Panov

Applicant

And

TELSTRA CORPORATION LTD

Respondent

DECISION

Tribunal Professor Tania Sourdin, Member

Date of Hearing     19 May 2003

Date of Decision   18 July 2003

PlaceSydney

Decision

The Tribunal sets aside the decision under review and, in substitution therefor, decides that:
1. The Respondent is liable under section 16(1) of the Safety Rehabilitation and Compensation Act 1988 (“the Act”) to pay compensation to the Applicant, being the cost of all reasonable “medical treatment” (as defined in section 4(1) of the Act) obtained by the Applicant in relation to the physical injury to her neck from 17 March 2001 to 17 March 2003, subject to proof being provided to the reasonable satisfaction of the Respondent that the cost of such medical treatment has been incurred by the Applicant.

  [Sgd] Prof T Sourdin, Member

CATCHWORDS

WORKERS COMPENSATION – liability – soft tissue neck injury - whether applicant suffering from a compensable or continuing injury – decision set aside

LEGISLATION

Safety Rehabilitation and Compensation Act 1988 sections 14 and 16.

CASE LAW

Health Insurance Commission v Van Reesch (1996) 45 ALD 302

REASONS FOR DECISION

18 July 2003 Professor T Sourdin, Member       

1.      This is an application for review of a decision dated 26 July 2002 made by GIO Australia (“the Insurer”) the insurer of Telstra Corporation Limited (“the Respondent”). This decision affirmed an earlier decision of the Insurer dated 5 November 2001 which determined that Telstra was not liable to pay compensation to Ms Slavica Panov (“the Applicant”) in respect of neck and back strain.

2. This matter was heard before the Tribunal on 19 May 2003. In addition to the documents lodged pursuant to section 37 of the Administrative Appeals Tribunal Act 1975 (“the T documents”), the Tribunal had before it the following exhibits:

Exhibit

Description

Date

A1

Medical report of Dr Vago

7 February 2003

A2

Sydney Spinal Care tax invoice statements relating to chiropractic treatment

10 January 2003

A3

Five tax invoices from Blue Cross Medical Centre relating to acupuncture treatment

9 - 13 April 2002

R1

Respondent’s Statement of Facts and Contentions

8 November 2002

R2

Respondent’s Statement of Issues

18 September 2002

R3

Report of Dr Perrett

15 October 2002

R4

Report of Dr Perrett

26 February 2003

R5

Dr Vago clinical notes

Various dates

R6

X – ray report of Dr McDonald

25 May 1987

R7

Report of Dr R Goreman

2 June 1990

R8

Sydney Spinal Care notes

29 June 2002

R9

Fairfield Hospital Emergency Department notes and clinical record

30 March 2002

3.      The Applicant appeared unrepresented at the hearing. Mr Brendan Kelly, counsel appeared for the respondent.  Issues about the Applicant’s representation were raised with the Applicant and both the Respondent and Applicant concurred that this issue had been raised in three pre-hearing conferences. The Tribunal heard evidence from the Applicant.

LEGISLATION

4.      The relevant legislation in…

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Details
Case
[2003] AATA 677
Decision Date

CaseChat Overview and Summary

In the case of Panov v Telstra Corporation Ltd, the applicant, Ms Panov, sought workers' compensation from Telstra Corporation Ltd, the respondent, for a soft tissue neck injury she claimed to have sustained during her employment. The matter was brought before the Administrative Appeals Tribunal (AAT) to review a prior decision concerning her claim. The AAT was required to determine whether Ms Panov's neck injury was a compensable injury under the Safety Rehabilitation and Compensation Act 1988, and if so, whether it was a continuing injury warranting compensation for medical treatment costs from 17 March 2001 to 17 March 2003.

The central legal issue before the AAT was whether Ms Panov's neck injury qualified as a compensable injury under the Act. Additionally, the tribunal needed to decide if the injury was a continuing one, which would entitle her to compensation for the specified medical treatment costs. The tribunal's analysis focused on the medical evidence presented and the definition of "medical treatment" as outlined in section 4(1) of the Act. The tribunal had to ensure that the costs claimed were reasonable and directly related to the injury sustained during her employment.

The AAT concluded that the decision under review should be set aside and replaced with a decision that the respondent was liable to pay compensation to the applicant for the cost of all reasonable medical treatment obtained by her in relation to the physical injury to her neck from the specified dates. The tribunal was satisfied that the injury met the criteria of a compensable and continuing injury under the Act, and thus, the respondent's liability to compensate was affirmed. The tribunal's decision mandated that the respondent would need to provide proof of the incurred costs to the reasonable satisfaction of the respondent.

The final orders of the tribunal specified that Telstra Corporation Ltd must pay compensation for the cost of all reasonable medical treatment obtained by Ms Panov from 17 March 2001 to 17 March 2003, subject to the submission of proof of these costs. This decision underscores the importance of substantiating claims with adequate evidence to satisfy the criteria set out in the Act.

Orders

Orders of the court

The Tribunal sets aside the decision under review and, in substitution therefor, decides that:

1. The Respondent is liable under section 16(1) of the Safety Rehabilitation and Compensation Act 1988 (“the Act”) to pay compensation to the Applicant, being the cost of all reasonable “medical treatment” (as defined in section 4(1) of the Act) obtained by the Applicant in relation to the physical injury to her neck from 17 March 2001 to 17 March 2003, subject to proof being provided to the reasonable satisfaction of the Respondent that the cost of such medical treatment has been incurred by the Applicant.

[Sgd] Prof T Sourdin, Member

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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