Sambastian and Australian Postal Corporation (Compensation)

This matter concerned five applications for review before Deputy K Bean P of the Administrative Appeals Tribunal. The applications related to Mr Sambastian's claims for compensation from the Australian Postal Corporation for accepted left shoulder and right elbow injuries. The core of the dispute involved the respondent's denial of liability for incapacity payments for specific periods and the subsequent suspension of Mr Sambastian's compensation entitlements due to his failure to undertake a determined rehabilitation program.

The Tribunal was required to determine whether Mr Sambastian was entitled to incapacity payments for the periods from 7 to 28 March 2013 and from 13 September 2012 to 7 March 2013, and whether the Australian Postal Corporation had denied liability for his accepted injuries. Further issues included whether Mr Sambastian had been offered suitable employment, whether duties that aggravated a pre-existing, non-compensable condition could be considered suitable, and whether he had a reasonable excuse for failing to undertake a rehabilitation program. The Tribunal also had to consider the ongoing liability for Mr Sambastian's right elbow condition.

The Deputy President found that Mr Sambastian was entitled to incapacity payments for the periods in question, based on his inability to earn in suitable employment. This decision overturned the respondent's previous determinations. The Tribunal affirmed the decisions under review in relation to the rehabilitation program and the suspension of compensation entitlements, finding that Mr Sambastian had not provided a reasonable excuse for failing to undertake the program. Consequently, Mr Sambastian was successful in applications 2013/2474 and 2013/2475, and the respondent was ordered to pay Mr Sambastian's costs in those proceedings.