Tadros and Australian Post

[2005] AATA 406

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2005] AATA 406

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          N2002/867                 )  N2002/1648              )          N2003/549   )    N2003/550            )  N2004/117

GENERAL ADMINISTRATIVE DIVISION		)
Re		NABILA TADROS

Applicant

And AUSTRALIA POST

Respondent

DECISION

Tribunal Mrs Josephine Kelly, Senior Member and Dr. J. Campbell, Member

Date5 May 2005

PlaceSydney

Decision

1.    The reviewable decision by the Respondent on 31 May 2002 in proceedings N2002/867 is affirmed.

2.    The reviewable decision by the Respondent on 5 September 2002 in proceedings N2002/1648 is affirmed.

3.    The reviewable decision by the Respondent on 3 February 2003 in proceedings N2003/549 is affirmed.

4.    The reviewable decision by the Respondent on 27 February 2003  in proceedings N2003/550 is affirmed.

5.    The reviewable decision made by the Respondent on 30 December 2003 in proceedings N2004/117 is varied and substituted for that decision is a decision that Australia Post is not liable for any medical treatment for the right shoulder and neck.

[sgd] Senior Member, Mrs Josephine Kelly
  Presiding Member

CATCHWORDS

WORKER’S COMPENSATION – several injuries - capability of duties – rehabilitation program – permanent impairment – evidence supports full time hours with some restrictions – evidence supports no permanent impairment - decision varied

LEGISLATION

Safety, Rehabilitation and Compensation Act 1988 ss 24 and 27

Administrative Appeals Tribunal Act 1975 ss 37, 42(2) and 42C(1)(a)

CASELAW

Liu v Comcare (2004) 79 ALD 119

Plumb v Comcare (1992) 39 FCR 236

REASONS FOR DECISION

5 May 2005 Mrs Josephine Kelly, Senior Member  and
Dr J. Campbell, Member    

Background

1.      The Applicant, Mrs Tadros, was born in Egypt on 28 May 1950 and came to Australia in 1971.  She has worked for the Respondent, Australia Post, since November 1972. On 4 May 1988 Mrs Tadros injured her right arm and shoulder when helping another employee lift a box of frozen chickens off a trolley (“the 1988 injury”). 

2.      On 4 December 1995, this Tribunal determined that Australia Post was liable to pay Mrs Tadros compensation for a soft tissue injury, over-use syndrome of the right upper limb and neck arising from the 1988 injury (Exhibit T1, T34, pp 141-154) (“the 1995 Tribunal decision”).  She was awarded compensation for loss of earnings for the period 18 July 1994 to 2 June 1995 and medical expenses until the decision date.

3.      On 8 November 1996 Mrs Tadros fell down stairs when leaving a butcher’s shop and fractured her right ankle (“the 1996 injury”).  She was on her way home from work. 

4.      A claim for permanent impairment of the neck and upper right limb arising from the 1988 injury and 1994 exacerbation was the subject of a Tribunal decision made pursuant to s 42C(2) of the Administrative Appeals Tribunal Act 1975 (“the AAT Act”) on 29 June 2000 (Exhibit T2 at pages 192) (“the 2000 Tribunal decision). That is, the decision was agreed by the parties and was not the subject of a hearing. The decision was that Mrs Tadros had sustained a 10…