Scicluna and Australian Postal Corporation (Compensation)

This matter concerned a claim for compensation by Mr Scicluna against the Australian Postal Corporation (APC) for an injury. Mr Scicluna had lodged a claim for a right elbow-forearm injury, which APC rejected, initially on the basis that the injury was not connected to his duties, and subsequently affirmed on the basis that the condition was not work-related. The case was heard by Member K Parker.

The legal issues before the court were whether Mr Scicluna had suffered an "injury" as defined under the relevant Act, and if so, whether this injury had resulted in a "permanent impairment" for which compensation was payable. Specifically, the court was required to determine if a psychological injury, described as "adjustment disorder with depressed mood," had occurred and was work-related, and to assess the degree of permanent impairment and non-economic loss resulting from this injury. The court also considered a further psychological injury, "aggravation of post-traumatic stress disorder," to determine if it had resulted in permanent impairment.

Member K Parker found that Mr Scicluna had suffered a psychological injury of "adjustment disorder with depressed mood," which was taken to have occurred on 2 September 2013. The court was satisfied that this injury had resulted in a permanent impairment, assessing the degree of permanent impairment at 10 per cent and the degree of non-economic loss at 28.67 per cent. Consequently, APC was liable to pay Mr Scicluna lump sum compensation for permanent impairment and additional compensation for non-economic loss. The court also determined that a further psychological injury, "aggravation of post-traumatic stress disorder," which occurred on 15 July 2016, had not at that stage resulted in permanent impairment, and therefore APC was not liable for compensation in respect of this injury. The question of costs was reserved.