VCBV and Australian Postal Corporation (Compensation) [2024] AATA 1023 (9 May 2024)
ReviewNumber: 2020/6518; 2020/6519
Division:GENERAL DIVISION
File Numbers: 2020/6518; 2020/6519
Re:VCBV
APPLICANT
AndAustralian viewPostal Corporation
RESPONDENT
DECISION
Tribunal:Senior Member Dr M Evans-Bonner
Date:9 May 2024
Place:Perth
1.The Reviewable Decision in application 2020/6518 is affirmed.
2.The Reviewable Decision in application 2020/6519 is affirmed.
........................[Sgd]................................................
Senior Member Dr M Evans-Bonner
CATCHWORDS
WORKERS’ COMPENSATION – Whether liability should be accepted under s 14 of the Safety, Rehabilitation & Compensation Act 1988 (Cth) for a claim of “mental stress” – whether the Applicant suffered from an “ailment”? – disease – whether the ailment was contributed to, to a significant degree by the Applicant’s employment with Australia Post – whether the Applicant was entitled to incapacity payments under s 19 of the Act for right knee pain for periods including 30 July 2020 to 5 August 2020 – no jurisdiction to broaden period of incapacity payments – whether any incapacity was due to a non-compensable psychological ailment – reasonable administrative action – competing expert evidence – Reviewable Decisions affirmed
LEGISLATION
Safety, Rehabilitation & Compensation Act 1988 (Cth) ss 4, 4(1), 5A(1), 5A(1)(a), 5A(1)(b), 5A(2), 5B(1), 5B(2), 5B(2)(a), 5B(2)(b), 5B(2)(c), 5B(2)(d), 5B(2)(e), 5B(3), 7(7),14, 14(1), 16(1), 19, 19(1), 54(1), 54(2), 60, 62
CASES
Browne v Dunn (1893) 6 R. 67, H.L
Comcare v Mooi (1996) 69 FCR 439
Comcare v Power (2015) 238 FCR 187; [2015] FCA 1502
Frugtniet v Australian Securities and Investments Commission [2019] HCA 16; (2019) 266 CLR 250
Military Rehabilitation and Compensation Commission v May (2016) 257 CLR 468; [2016] HCA 19
Vo and Comcare [2005] AATA 773
REASONS FOR DECISION
Senior Member Dr M Evans-Bonner
9 May 2024
OVERVIEW
The Applicant is a 63-year-old man who commenced employment with the Respondent (Australia Post) as a Postal Transport Officer on approximately 13 April 2018. The actual work he undertook was as a Dock Marshal.
He made two claims for workers’ compensation arising from his work at Australia Post.
The relevant statutory scheme that applies to the Applicant’s claims is the Safety, Rehabilitation and Compensation Act 1988 (Cth) (the SRC Act).
The mental stress workers’ compensation claim
In a claim form dated 8 June 2020 (R1/24), the Applicant stated that he was working part-time and described his injury as “mental stress”. He stated that he first noticed the illness on 21 February 2020 at 1.20pm, and that he first sought medical treatment for the injury on 20 April 2020.
Under the question “Did the injury/illness result from one specific incident?” the Applicant wrote, “Received letter from Ms [E] (Facility Mgr) and see attachment”.
The attachment was a single typed page (R1/27).
In that attachment the Applicant detailed an incident on 21 February 2020 where he was told that he did not collect parcels by the Facility Manager, E, and that she was going to “escalate the matter”. The Applicant said that…
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- Case
- [2024] AATA 1023
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Tribunal were whether the Applicant suffered from a compensable "ailment" or "disease" under the Act, and if so, whether this condition was contributed to, to a significant degree, by their employment. This involved determining the factual basis of the Applicant's allegations of workplace mistreatment, including bullying and harassment, against competing accounts from other employees. Additionally, the Tribunal had to consider whether any incapacity for work was due to a non-compensable psychological ailment, specifically whether it stemmed from reasonable administrative action taken in a reasonable manner, and whether the period for which incapacity payments were sought was within the Tribunal's jurisdiction.
The Tribunal's reasoning hinged on resolving conflicting expert medical evidence and the Applicant's own testimony against that of lay witnesses. The Tribunal noted that a key forensic psychiatrist's opinion was contingent on factual findings regarding the Applicant's allegations of workplace mistreatment. If the Applicant's allegations were substantiated, the psychiatrist indicated that causation for an adjustment disorder would be more straightforwardly linked to employment. Conversely, if allegations made against the Applicant by others were found to be correct, the psychiatrist suggested that any mental ailment likely had a constitutional basis due to inherent personality characteristics, rather than being caused by the workplace. The Tribunal heard evidence from the Applicant and two lay witnesses, and considered medical reports on the papers, to make these crucial factual determinations.
The Tribunal affirmed the Reviewable Decisions. This outcome indicates that the Tribunal found the Applicant's allegations of workplace mistreatment were not sufficiently established to meet the threshold for a compensable psychological ailment under the Act, or that any incapacity was not due to a condition contributed to by their employment to a significant degree. The Tribunal also found no jurisdiction to broaden the period for which incapacity payments were claimed.
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