Administrative Appeals Tribunal
DECISION AND REASONS FOR DECISION [2007] AATA 1565
ADMINISTRATIVE APPEALS TRIBUNAL )
) No N2006/691
GENERAL ADMINISTRATIVE DIVISION ) Re GLORIA TABLIZO Applicant
And
AUSTRALIAN POSTAL CORPORATION
Respondent
DECISION
Tribunal Ms R Hunt, Senior Member
Dr M E C Thorpe, MemberDate20 July 2007
PlaceSydney
Decision 1. The reviewable decision of 25 May 2006 is set aside and the matter remitted to the respondent with the direction that the applicant is entitled to compensation for the work-caused injury of carpal tunnel syndrome left wrist.
2. The Respondent is to pay the applicant's costs.
...................[Sgd]...................
Ms R Hunt
Presiding Member
Administrative Appeals Tribunal
DECISION (CORRIGENDUM) [2007] AATA 1565
ADMINISTRATIVE APPEALS TRIBUNAL )
) No N2006/691
GENERAL ADMINISTRATIVE DIVISION ) Re GLORIA TABLIZO Applicant
And
AUSTRALIAN POSTAL CORPORATION
Respondent
DECISION (CORRIGENDUM)
Tribunal Ms R Hunt, Senior Member
Dr M E C Thorpe, MemberDate23 July 2007
PlaceSydney
Decision 3. The Tribunal published its Decision in this matter, which was dated 20 July 2007.
4. The Tribunal wishes to amend the Decision so as to rectify an error in the printing of the certification stamp of the decision. To do so with the least costs and inconvenience to the parties, the Tribunal exercises its power under s.43AA of the Administrative Appeals Tribunal Act 1975.
5. Now the Tribunal therefore orders that the certification stamp on the Decision of the Tribunal should read as follows:
I certify that the 75 preceding paragraphs are a true copy of the reasons for the decision herein of Senior Member Hunt and Member Dr Thorpe
Signed: Talaishia Collis
AssociateDate/s of Hearing 15 – 16 May 2007
Date of Decision 20 July 2007
Counsel for the Applicant Mr D. Richards
Solicitor for the Applicant Mr H. Zreika –Slater & Gordon Lawyers
Counsel for the Respondent Mr G. Johnston
Solicitor for the Respondent Mr G. Jones –Graham Jones Lawyers
...................[Sgd]...................
Ms R Hunt
Presiding Member
Evidence of Mrs Gloria Tablizo
10. The applicant’s evidence was that she commenced work with an Australia Post office in 2000. It was her first job in Australia and, as confirmed by her medical examination for the job placement, she had no arm or wrist problems at that time or previously (T4).
11. Mrs Tablizo’s evidence was that on 5 January 2006 when clearing C5 mail, which is big mail in big envelopes, from the stackers at work she felt an electric shock in the left hand. She said:
I was clearing the jaws – I have to take out the mail. When I was clearing the stackers I felt an electric shock in my left hand.
12. She could not, on further questioning, exactly recall what she was doing when she felt the electric shock. The electric shock involved all of the hand and, after the shock, the hand felt painful. She indicated, by pointing, that the shock she felt was in the fifth, fourth and third fingers, more on the medial aspect She…
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- Case
- [2007] AATA 1565
- Decision Date
CaseChat Overview and Summary
The court examined the evidence and legal precedents, including the Safety, Rehabilitation and Compensation Act 1988, and considered relevant cases such as Treloar and Australian Telecommunications Commission, Comcare v Shaffaat Ali Sahu-Kahn, Suters v Australian Postal Corporation, Comcare v Canute, and Ngo and Australian Postal Corporation. The court found that the injury to the applicant’s left wrist was not compensable, but the injury to the right wrist was work-caused and compensable. The court set aside the decision of 25 May 2006, which had found the respondent not liable for the injury to the right wrist, and remitted the matter to the respondent with the direction that the applicant is entitled to compensation for the work-caused injury to his right wrist.
The court ordered that the reviewable decision of 25 May 2006 be set aside and the matter be remitted to the respondent with the direction that the applicant is entitled to compensation for the work-caused injury of carpal tunnel syndrome to his right wrist. Additionally, the court ordered that the respondent pay the applicant's costs.
Orders
Orders of the court
1. The reviewable decision of 25 May 2006 is set aside and the matter remitted to the respondent with the direction that the applicant is entitled to compensation for the work-caused injury of carpal tunnel syndrome left wrist.
2. The Respondent is to pay the applicant's costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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