Santiago and Australian Postal Corporation (Compensation)

This matter concerned a dispute between the Applicant, Ms. Santiago, and the Australian Postal Corporation regarding compensation for a work-related condition. The Applicant, employed as a Senior Postal Services Officer, alleged she suffered from a moderate aggravation of De Quervain’s tenosynovitis, and that this condition was related to her employment. The decision under review was set aside and substituted by the Tribunal.

The primary legal issues before the Tribunal were whether the Applicant continued to suffer from De Quervain’s tenosynovitis from 4 December 2019, and whether this condition remained related to her work with the Respondent. This required the Tribunal to assess the medical evidence presented by various experts and determine the ongoing causal connection between the Applicant's employment and her ailment.

The Tribunal applied the principles established in *Woodhouse v Comcare* [2021] FCAFC 95, which clarified that for an ailment to remain compensable, it must retain the characteristic of having been contributed to in a material degree by the relevant employment. The Tribunal found the evidence of Dr. Gumley to be the most persuasive, accepting his observations of oedema directly related to De Quervain’s tenosynovitis and his view that the symptoms of the disease can fluctuate. The Tribunal also accepted the ultrasound evidence supporting ongoing disease. Conversely, the Tribunal rejected the opinions of Dr. McGill and Dr. Ness, finding their evidence to be partial, to stray beyond their expertise by attributing psychological reasons for the Applicant's complaints, and to be constructed in a manner that diminished their credibility.

The Tribunal concluded that the Applicant continued to suffer from De Quervain’s tenosynovitis, and that this condition was related to her work. The decision under review was set aside and substituted accordingly.