Phu and Australia Postal Corporation

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2007] AATA 1111

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No N2005/645

GENERAL ADMINISTRATIVE DIVISION		)         No N2005/1222 )         No N2006/269 )         No N2006/598
Re		Chi Chau Phu

Applicant

And  Australia Postal Corporation

Respondent

DECISION

Tribunal Ms Robin Hunt, Senior Member
Dr Max Thorpe, Member

Date9 March 2007

PlaceSydney

Decision The decisions under review are affirmed except for the decision of 9   February 2006 concerning Mr Phu’s claim for recompense for overtime payments for 11 days in December 2004, which is set aside.

................[sgd]..........................

Robin Hunt
  Senior Member

3.      In addition, the tribunal was asked to decide, in relation to Mr Phu’s psychological condition, whether:

§  Mr Phu suffered a psychological or psychiatric injury as a result of reading the Australia Post letter dated 18 January 2005;

§  Mr Phu suffered a psychological or psychiatric injury on 20 February 2006;

§ Mr Phu is entitled to a finding of liability under section 14 of the Safety, Rehabilitation and Compensation Act 1988 (‘the Act’);

§ Mr Phu is entitled to any payments pursuant ss 16 and/or 19 of the Act; and, if so, the nature and extent of compensation payments.

§  Mr Phu sustained an injury as a result of his failure to obtain a benefit, namely further compensation, in connection with his employment with Australia Post;

background

4.      Mr Phu was born on 12 July 1957 in Vietnam. Mr Phu told us he went to university in Vietnam but dropped out after one year, then became caught up in the war being waged in Vietnam before he became involved in his father’s business. He moved to Australia in 1992 and commenced work with Australia Post on 12 September 1994. On 16 April 1995, Mr Phu suffered an injury to his lower back while handling a bag of mail at work with Australia Post. Australia Post accepted liability for the injury, being “left lower back and buttock pain due to musculo-ligamentous sprain”. The date of injury accepted was 22 April 1995, which was the date Mr Phu lodged his compensation claim for the incident that occurred on 16 April 1995.

5.      While Australia Post initially accepted liability and made payments, an officer wrote to Mr Phu on 28 February 1997 advising him that it had decided to cease payments for the accepted condition. At Mr Phu’s request, Australia Post reconsidered the decision to cease payments. A series of determinations, reconsiderations, revocations and decisions have taken place since. Australia Post argues that the injury has resolved and that Mr Phu is not presently entitled to compensation.

6.      Mr Phu contends that, in consequence of his lower back injury, he suffers restrictions of his work, social and general life activities, which have led to the development of a psychiatric condition. This condition was described by counsel for Mr Phu as “significant ongoing depression and anxiety” and by Dr Julian Parmegiani, forensic psychiatrist, as “an adjustment disorder with depressed mood” attributable to Mr Phu’s…