Power and Linfox Australia Pty Ltd (Compensation)

The case of Power and Linfox Australia Pty Ltd (Compensation) concerned an applicant seeking compensation for a left shoulder and neck condition. The applicant alleged that the condition was either an injury arising out of or in the course of his employment with the respondent, or a disease to which his employment contributed to a significant degree. The respondent contended that the applicant's condition was caused by an underlying medical condition, specifically diabetes, and was unrelated to his work.

The legal issues before the Tribunal were whether the applicant suffered an injury (other than a disease) arising out of or in the course of his employment, or a disease to which his employment contributed to a significant degree, and whether he was entitled to compensation under section 14 of the relevant Act for a left shoulder and neck strain due to repetitive strain injury/tendinosis. A key aspect of the dispute involved the credibility of the applicant's evidence, particularly concerning his use of a forklift with a stiffer steering mechanism, which he claimed contributed to his condition.

The Tribunal considered conflicting medical evidence. Associate Professor Steadman opined that the applicant's condition was idiopathic, likely caused by his diabetes, and that there was no clinical evidence of injury. In contrast, Mr Pang and Dr Hooper's evidence was considered supportive of the applicant's claim. The Tribunal found that the applicant's work precipitated the symptoms and that his account of events, supported by medical certificates referring to repetitive strain injury, was credible.

Ultimately, the Tribunal set aside the reviewable decision and determined that the respondent was liable to pay compensation to the applicant for tears to the supraspinatus tendon and consequential adhesive capsulitis. The Tribunal also ordered the respondent to pay the applicant's costs.