Perez-Bedoya and Military Rehabilitation and Compensation Commission (Compensation)

The Administrative Appeals Tribunal considered the case of Mr Perez-Bedoya and the Military Rehabilitation and Compensation Commission concerning claims for compensation for injuries allegedly sustained during defence service. Mr Perez-Bedoya claimed he injured his back and left wrist when he fell down stairs at his navy accommodation on 25 October 2013. The Commission had affirmed a decision to deny liability for these claimed conditions.

The Tribunal was required to determine whether Mr Perez-Bedoya's claimed back and left wrist injuries were caused or materially contributed to or aggravated by his defence service. This involved assessing whether the incident occurred in circumstances attributable to his service and whether the subsequent medical conditions were a direct consequence of that service.

The Tribunal accepted that Mr Perez-Bedoya fell on the stairs at the navy accommodation but found no evidence to support his claim that any injuries sustained were attributable to his defence service. The Tribunal noted that Mr Perez-Bedoya was on pre-approved annual leave at the time of the fall and that his assertion of going to collect his navy uniform was not contemporaneous with the incident. Furthermore, medical evidence indicated that his left wrist injury had largely resolved following surgery, and his back pain was considered a temporary aggravation of pre-existing degenerative changes that had also resolved. Consequently, the Tribunal concluded that the claimed injuries were not caused or aggravated by his defence service.

As the Tribunal found that Mr Perez-Bedoya's claimed injuries were not caused or aggravated by his defence service, it was not necessary to consider whether he satisfied the relevant Statements of Principles for the claimed conditions. The Tribunal affirmed the decision under review.