Talevski and K & S Freighters Pty Ltd (Compensation)

This matter concerned an application for review by Mr Talevski against a decision made by K & S Freighters Pty Ltd. The dispute centred on Mr Talevski's entitlement to compensation payments under section 19 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act) for incapacity to work. The core of the disagreement was whether Mr Talevski had unreasonably failed to take up an offer of suitable employment made by the respondent. The decision was made by Ms N Isenberg, Senior Member, of the Administrative Appeals Tribunal.

The Administrative Appeals Tribunal was required to determine whether the decision-maker had jurisdiction to consider Mr Talevski's compensation entitlements up to 5 August 2014. Furthermore, the Tribunal needed to ascertain whether Mr Talevski had an "incapacity for work" as defined by the SRC Act, particularly in light of medical certificates provided by his treating general practitioner. A key issue was whether the respondent had made a valid offer of suitable employment and, if so, whether Mr Talevski's failure to accept it had ceased his entitlement to compensation.

The Tribunal found that it had jurisdiction to review Mr Talevski's entitlements under section 19 of the SRC Act up to 5 August 2014, as this period was before the determination being reviewed. The Senior Member noted that all matters put before the original decision-maker were before the Tribunal for review. The Tribunal observed that Mr Talevski had been certified as fit for suitable duties with specific restrictions from 1 August 2011 onwards, indicating he was not fit for his pre-injury employment. The respondent's subsequent consideration of a return to work with modified duties acknowledged this incapacity. The Tribunal concluded that the issue of incapacity payments up to 5 August 2014 was before both the original decision-maker and the reviewer.