Selman and TNT Australia Pty Ltd (Compensation)

This matter concerned an appeal by Mr Selman against a decision of the Respondent, TNT Australia Pty Ltd, to reject his claim for workers' compensation. Mr Selman sought compensation for a left shoulder tendon tear, alleging the injury occurred on 26 August 2020 while he was performing his duties as a driver for the Respondent, specifically when opening the curtains and gates of his truck. The claim was initially rejected by a delegate of the Respondent and this decision was subsequently affirmed on review. The appeal was heard by M East M.

The primary legal issues before the court were whether Mr Selman had suffered an injury as defined by the relevant legislation, and if so, whether that injury was sustained in the course of his employment with the Respondent. Central to these questions was the timing of the injury, the reporting of the symptoms to his employer, and the conflicting medical opinions provided by expert witnesses regarding the cause and onset of the shoulder condition.

The court considered the evidence presented, including medical certificates and reports, as well as witness testimony. It noted that Mr Selman did not report his shoulder pain to his employer until 31 August 2020, several days after the alleged incident, and initially stated he thought it was "nothing major." Furthermore, when questioned about the potential work-relatedness of the injury, Mr Selman indicated he "may have injured himself" at work. The court also took into account that Mr Selman had not declared a pre-existing shoulder condition on a pre-employment medical form for a subsequent employer, which he explained was because a decision on his current claim had not yet been made. The court found that the evidence did not establish that the injury occurred in the course of employment, and therefore affirmed the Reviewable Decision.