Szabo and Comcare

[2011] AATA 114

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2011] AATA 114

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No   2009/0598

GENERAL ADMINISTRATIVE DIVISION		)
Re		LAZLO SZABO

Applicant

And COMCARE

Respondent

DECISION

Tribunal Ms G Ettinger, Senior Member

Date22 February 2011

PlaceSydney

Decision The Tribunal affirms the decision under review.

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

Ms G Ettinger
  Senior Member

CATCHWORDS

COMPENSATION – meat inspector – lumbar spine injury followed by aggravations – legal argument regarding transfer of worker from State jurisdiction to AQIS (Federal) overseeing meat inspection since 1988 – Applicant received workers compensation re injury to L5/S1 disc prolapse in 1985 – damages payout from State of Victoria in 1992 – aggravations to vulnerable spine – 1989 aggravation subject of this claim – Respondent held that effect of 1989 aggravation was no longer current since 2008 – decision under review affirmed.

Compensation (Commonwealth Government Employees) Act 1971 s 99

Safety, Rehabilitation and Compensation Act 1988 ss 14, 16, 29, 48, 118

Australian Postal Corporation v Sellick (2008) 101 ALD 245

Canute v Comcare (2006) 226 CLR 535

Re Butler and Australian Postal Corporation (AAT 8394, 27 November 1992)

Treloar v Australian Telecommunications Commission (1990) 26 FCR 316

REASONS FOR DECISION

22 February 2011  Ms G Ettinger, Senior Member

SUMMARY

1.      Mr Lazlo Szabo commenced work in 1979 with the Victorian Department of Agriculture and Rural Affairs as a meat inspector. On 24 September 1985, aged 27, during the course of his work, and while bending over a mobile table pulling at a cow’s intestines, Mr Szabo suffered an injury to his back. Mr Szabo was taken to hospital by ambulance, and liability was accepted for the injury by his employer.

2.      In 1986, Mr Szabo filed a claim against the State of Victoria and M C Herd Pty Ltd (Herds), in the County Court of Victoria seeking damages for the injuries he suffered. This resulted in a settlement, and payment of damages of $115,000 on 4 February 1992. There was argument between the parties at the Tribunal as to whether the settlement covered only the injury to Mr Szabo’s spine on 24 September 1985, or whether it included aggravations until the date of settlement of the claim, in particular the incident of 20 June 1989, subject of this claim.

3.      Following the 1985 incident, Mr Szabo suffered several aggravations to his back, consulted many doctors, had time off work, and underwent various procedures, including a chemonucleolysis of the L5/S1 disc in May 1988, an intra-disc steroid injection in May 1990, and a spinal fusion in February 1991. He also underwent hip replacements in 2007 and 2008, which were not compensable.

4.      On 30 September 1988, Mr Szabo joined the Australian Quarantine and Inspection Service, (AQIS), the Federal organisation which had by then become responsible for meat inspection nationally. He had been cleared as fit for fulltime work by Dr Roberts of the Health Department of Victoria on 3 October 1988. After some time, Mr Szabo was offered a voluntary redundancy which took…