Tamene Desta and Australian Postal Corporation (Compensation)

This matter concerned an appeal by Tamene Desta (the Applicant) against a decision of the Australian Postal Corporation (the Respondent) which affirmed a determination that there was no present liability to pay compensation under sections 16 and 19 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act). The original determination related to the Applicant's previously accepted 'lower back strain' injury, said to have been sustained on or around 2 May 2017.

The legal issues before the Tribunal were whether the Applicant continued to suffer from the effects of the accepted lower back strain injury, and consequently, whether the Applicant remained entitled to compensation under sections 16 and 19 of the SRC Act. The Respondent contended that any exacerbation of the Applicant's condition was short-term and that there was no work-related cause for any continuing symptoms.

The Tribunal considered that the primary question was whether the Applicant's lower back strain injury had ceased. While accepting that the Applicant experienced ongoing pain, the Tribunal found it difficult to accept that these symptoms had been consistently present since the date of injury and were a direct result of the accepted work-related strain. The Tribunal noted that a strain is typically not a chronic condition and its effects are expected to resolve within a relatively short period. Crucially, the Tribunal found the Applicant's evidence to be unreliable, particularly in light of evidence demonstrating pre-existing and unrelated health complaints, including significant abdominal and joint pain, which the Applicant had initially failed to disclose. The Tribunal preferred the medical opinion of Dr Shooter, which indicated that it was impossible to locate a work-related cause for the Applicant's ongoing symptomatology.

Accordingly, the Tribunal concluded that the Respondent had discharged its onus to demonstrate that the Applicant no longer suffered the effects of the accepted lower back strain condition. The Tribunal therefore affirmed the decision under review, finding no present liability to pay compensation under sections 16 and 19 of the SRC Act.