DECISION AND REASONS FOR DECISION [2002] AATA 963
ADMINISTRATIVE APPEALS TRIBUNAL )
) No A2001/123
GENERAL ADMINISTRATIVE DIVISION )
Re TARYN HOCKING
Applicant
And AUSTRALIAN POSTAL CORPORATION
Respondent
DECISION
Tribunal Mr G A Mowbray
Date22 October 2002
PlaceCanberra
Decision The Tribunal sets aside the decision under review of 8 March 2001 and remits the matter to the Respondent for reconsideration with a direction to give effect to the findings of the Tribunal that the Applicant's annular tears are responsible for her back pain the operation of the V-Sort frames was a cause of the Applicant's annular tears therefore the Applicant suffered an injury for the purposes of the Safety, Rehabilitation and Compensation Act 1988 at 4 January 2001 the Applicant continued to suffer from this injury as she did in December 2001 as a consequence the Applicant has been partially incapacitated for work the Applicant is entitled to medical expenses and incapacity payments under sections 16 and 19 of the Act. The Tribunal directs the Respondent to determine the quantum of the compensation payments to which the Applicant is entitled under sections 16 and 19 of the Act. The Tribunal orders the Respondent to pay the Applicant's costs as agreed or taxed.
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Member
CATCHWORDS
COMPENSATION – nature and cause of injury – what constitutes continuing injury – cessation of injury
Safety, Rehabilitation and Compensation Act 1988, ss 4, 14, 16, 19
Re Carson and Telstra Corporation (2001) 33 AAR 351
Re Quinn and Australian Postal Corporation (1992) 15 AAR 519
Commonwealth v Borg (1991) 20 AAR 299n
Comcare v Nichols [1999] FCA 209
Australian Postal Corporation v Bessey (2001) 32 AAR 508
Salisbury v Australian Iron & Steel Ltd (1943) 44 SR (NSW) 157; 61 WN (NSW) 87
Darling Island Stevedoring & Lighterage Co Ltd v Hankinson (1967) 117 CLR 19
Asioty v Canberra Abattoir Pty Ltd (1989) 167 CLR 533
Casarotto v Australian Postal Commission (1989) 86 ALR 399
Re Bessey and Australian Postal Corporation (2000) 60 ALD 529
Willcocks v Comcare (2001) 66 ALD 119
REASONS FOR DECISION
22 October 2002 Mr G A Mowbray
This is an application by Ms Taryn Hocking for review of a decision made by the Australian Postal Corporation (referred to in these reasons as Australia Post) on 8 March 2001 that its liability for Ms Hocking's lower back pain had ceased with effect from 4 January 2001.
At the hearing of this matter counsel for Ms Hocking was Ms Jane Godtschalk and counsel for Australia Post was Mr Geoffrey Johnson. The main hearing was held on 13 and 14 December 2001 during which a new summons for documents was issued to Australia Post in place of one it had failed to answer. A further hearing was conducted with counsel by telephone on 9 April 2002 confined principally to addressing issues arising from the new summons material.
BackgroundMs Hocking was born on 2 March 1964. She first worked for Australia Post from 1987 to 1991. She then left to…
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- [2002] AATA 963
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CaseChat Overview and Summary
The primary legal issue before the tribunal was whether Ms Hocking's injury had ceased to have effect, thereby justifying the cessation of her entitlement to compensation. This involved determining whether the injury had completely resolved or if it had merely been exacerbated by the use of the V-Sort frames, a sorting device used in her job. The tribunal also had to consider the relevant statutory provisions of the Safety, Rehabilitation and Compensation Act 1988, particularly sections 4, 14, 16, and 19, which define injury, and compensation for injuries, including incapacity for work and medical expenses.
The tribunal found that even if the use of the V-Sort frames merely increased Ms Hocking's symptoms, it was not satisfied that her injury had ceased to have effect as of December 2001. The tribunal concluded that Australia Post's decision to cease liability in January 2001, while Ms Hocking was still using the V-Sort frames, was premature. The tribunal set aside the decision under review and remitted the matter to Australia Post for reconsideration, directing them to take into account the tribunal's findings. The tribunal also ordered Australia Post to pay Ms Hocking's costs as agreed or taxed.
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