Torr and Cleanaway Operations Pty Ltd (Compensation)

The applicant, a 61-year-old Front Lift Driver, brought a claim for workers' compensation against his employer, Cleanaway Operations Pty Ltd, for a left shoulder condition. The applicant alleged that the condition arose from an incident on 3 March 2020, where he lost control of a heavy organics bin, which pinned him against a wall. The employer had refused the claim, asserting that the employment did not contribute to the condition to a significant degree and that the applicant had not suffered an injury or disease under the relevant sections of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act). The matter came before P.q. Wood SM of the Tribunal.

The central legal issues before the Tribunal were whether the applicant's left shoulder condition constituted an "injury" or a "disease" as defined by the SRC Act, and if so, whether it arose out of or in the course of his employment. Specifically, the Tribunal had to determine if the injury was suffered by the applicant and arose out of, or in the course of, his employment, or if it was a disease to which his employment contributed to a significant degree.

The Tribunal considered the evidence, including the applicant's detailed account of the incident, medical reports, and expert testimony. The applicant described how he was attempting to manoeuvre a 1,200-kilogram bin down a slope when he lost control, and it pinned him against a wall, causing him to experience pain in his left arm and shoulder. Medical examinations revealed supraspinatus tendinosis with a partial tear. The Tribunal found that the applicant's left shoulder condition was an injury that arose out of or in the course of his employment with the respondent.

Consequently, the Tribunal set aside the reviewable decision and substituted a decision in favour of the applicant. It was determined that the applicant suffered incapacity and impairment as a result of the left shoulder condition, which arose out of or in the course of his employment on or about 3 March 2020, entitling him to compensation under s 14 of the SRC Act. The Tribunal also ordered the respondent to pay the applicant's costs and disbursements.