Sheik and Australian Postal Corporation

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2005] AATA 697

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No N2002/1821 

GENERAL ADMINISTRATIVE DIVISION		)               N2003/863, 898 & 1439
Re		YASMIN SHEIK

Applicant

And AUSTRALIAN POSTAL CORPORATION

Respondent

DECISION

Tribunal Dr J D Campbell, Member

Date22 July 2005

PlaceSydney

Decision

For the reasons detailed later in this decision I make the following findings:

(1) Ms Sheik did not and does not now suffer from a psychiatric ailment; and the Respondent is not liable to pay compensation pursuant to section 14 of the Act;

(2) the Respondent’s rehabilitation plan of 11 December 2002 was not appropriate;

 (3)  Ms Sheik is able to work full time hours of 36 hours 45 minutes per week from 5 May 2003;

(4) Ms Sheik’s overdose on 4 March 2003 was a voluntary act and she is not entitled to compensation pursuant to section 14 (2) of the Act.

As a consequence of my findings I conclude that:

a)   the determination in matter N2002/1821 is affirmed;

b)   the determination in matter N2003/863 is affirmed

c)   the determination in matter N2003/898 is set aside;

d)   the determination in matter N2003/1439 is affirmed.

I further find that costs are awarded to the Applicant to be paid by the Respondent in accordance with the Tribunal’s Practice Direction only in relation to matter N2003/898.

[sgd] Dr J D Campbell
  Member

background

7.      Prior to returning to work in June 2000 Ms Sheik underwent a CT scan of the lumbar spine in April 2000, following which neuro-physiological studies on her lower limbs were carried out by Dr Hitchens on 20 April 2000. 

8.      Ms Sheik was reviewed by Dr Trevitt (orthopaedic surgeon) on 27 April 2000 who considered Ms Sheik able to start light clerical work on a part-time basis and to avoid repetitive bending and heavy lifting (Exhibit R4).  Ms Sheik was reviewed by Dr Maxwell (orthopaedic surgeon) on 1 March 2001 at which time Ms Sheik is said to have stated that “she was experiencing pain in her left leg which radiates into the left big toe and left knee.  She also has pain in the back”.  Dr Maxwell considered that Ms Sheik still suffered from mild L5 nerve root irritation to the left leg and back pain and that she remained partially incapacitated for work as a result of the work related incident of 2 May 1997.  Dr Maxwell considered that Ms Sheik should upgrade her secretarial type duties from three hours per day, three days a week to five hours, five days a week, as he believed Ms Sheik fit to do so (1T5, p 34).

9.      Mr Sheik was reviewed by Dr Bentivoglio prior to undertaking a back to life program conducted by a team at Westmead Hospital led by Dr Adler (occupational physician) over the period 27 August 2001 to 20 October 2001.  In a report dated 3 December 2001 (1T7, p48) Dr Adler recommended that Ms Sheik commence working five hours a day, five…