Sivapalan and Australian Postal Corporation

Administrative Appeals Tribunal

INTERLOCUTORY DECISION AND REASONS FOR DECISION [2008] AATA 98

ADMINISTRATIVE APPEALS TRIBUNAL      )           No N2006/820

)            No N2006/821

GENERAL ADMINISTRATIVE DIVISION		)          No 2007/774
Re		KAMALAMBIKAI SIVAPALAN

Applicant

And AUSTRALIAN POSTAL CORPORATION

Respondent

INTERLOCUTORY DECISION

Tribunal Senior Member, Mrs Josephine Kelly
Member, Dr MEC Thorpe

Date7 February 2008

PlaceSydney

Decision

 1. The parties are allowed to make further submissions to the Tribunal on the form of the decision for each application and the question of costs, based on the findings in these reasons for interlocutory decision.

2. The parties are to advise the Tribunal, within 14 days of the date of this interlocutory decision, whether it is necessary to list the matter for further argument. If the parties can agree on the appropriate decision and costs order, it will not be necessary to re-list the matter for hearing.

.......................[sgd].......................

Presiding Member
  Senior Member, Mrs Josephine Kelly

6.      In proceedings N2006/821, the reviewable decision was made on 21 June 2006 in response to a letter about the 22 May 2006 reconsideration.  The decision-maker was not satisfied that Mrs Sivapalan's employment had contributed to her right CTS and was not prepared to change the May 2006 decision.  Both of the 2006 applications for review were filed on 6 July 2006.

7. The reviewable decision in proceedings 2007/774 was made on 7 March 2007. It was a reconsideration at Australia Post’s own motion, pursuant to s 62(1) of the Act. It varied the determinations of 21 June 2005 (this should be 23 June 2005) in which Australia Post had accepted liability under s 14 of the Act for mild right CTS made symptomatic by employment, and 7 September 2005, and replaced the previous decision of 22 May 2006 (the subject of proceedings N2006/820). In summary, the decision was that:

(a)       The applicant suffered from a right arm strain in May 2005 which was contributed to by her employment;

(b)       In addition, in May 2005 the applicant suffered from CTS, a temporary aggravation of which was contributed to by her employment with Australia Post in or about May 2005;

(c)        Any right arm strain or aggravation of CTS in May 2005 which was contributed to by her employment came to an end by 6 March 2006; and

(d) The applicant is entitled to medical expenses and weekly payments of compensation (if applicable) in respect of any treatment or time off work resulting from the right arm strain between 4 May 2005 and 6 March 2006 inclusive. There is no present liability under sections 16, 19, 24, 27 or any other benefit provisions of the Act to pay compensation in respect of right arm strain or aggravation of carpal tunnel syndrome.

THE CASE FOR MRS SIVAPALAN

8.      It was argued on behalf of Mrs Sivapalan that she has continued to suffer from the effects of her previously accepted right hand/arm condition since 6 March 2006 to the present, and is therefore entitled to compensation for medical expenses and incapacity.  In…