Rietwyk and Linfox Armaguard Pty Ltd (Compensation)

This matter concerned a claim for compensation by the Applicant, Mr Chris Hatzis, against his employer, Linfox Armaguard Pty Ltd, for a right knee condition. The Applicant, a 68-year-old coin dispatch clerk, had a pre-existing history of arthritis in his knees and had experienced a left knee injury in a motorcycle accident in 1985. The dispute before the Administrative Appeals Tribunal, presided over by Senior Member P.q. Wood, was whether the Applicant's claimed right knee condition constituted an 'injury' for the purposes of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) and whether it arose out of or in the course of his employment.

The Tribunal was required to determine if the Applicant's right knee condition was a physical injury arising out of, or in the course of, his employment, as defined by section 5A(1)(b) of the *Safety, Rehabilitation and Compensation Act 1988* (Cth). This involved assessing whether the incident on 27 December 2019, where the Applicant twisted his right knee while at work, resulted in an injury that met the statutory criteria for compensation. The parties confirmed that the sole issue to be determined was this specific limb of the definition of 'injury'.

The Tribunal considered extensive documentary and oral evidence, including medical reports and the testimony of the Applicant and various witnesses. The Applicant described an incident on 27 December 2019 where his right foot became caught, causing his right knee to twist and resulting in immediate pain. He continued to work, albeit with difficulty, and experienced further pain and swelling after a subsequent incident later that shift. The Tribunal found that the Applicant suffered incapacity and impairment as a result of a right knee condition that occurred in the course of his employment with Linfox on 27 December 2019.

Consequently, the Tribunal set aside the Reviewable Decision and substituted a decision in favour of the Applicant. It was decided that the Applicant was entitled to compensation pursuant to section 14 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) for the right knee condition. The Respondent was also ordered to pay the Applicant's costs and disbursements in relation to the application.