Vros and Australian Postal Corporation (Compensation)

The Administrative Appeals Tribunal considered two decisions concerning Ms Vros and the Australian Postal Corporation. The first decision, made on 17 September 2018, was a "ceased effects" decision, which Ms Vros sought to have set aside. The second decision, made on 2 September 2019, affirmed a prior determination that Ms Vros was not entitled to compensation for permanent impairment and non-economic loss related to a left knee medial meniscus tear, which was an accepted condition.

The Tribunal was required to determine whether the "ceased effects" decision was correct, specifically whether Ms Vros was still suffering the effects of her left knee medial meniscus tear injury on 17 September 2018 and at the time of the review. Additionally, the Tribunal had to consider whether the permanent impairment decision was correct, which involved assessing if Ms Vros had a permanent impairment of 10% or more, as determined by the approved guide, and if compensation for non-economic loss was therefore payable.

In relation to the "ceased effects" decision, the Tribunal found that Ms Vros was continuing to suffer the effects of her left knee medial meniscus tear injury. The Tribunal reasoned that this injury had aggravated a pre-existing degenerative condition, osteoarthritis, and that the injury materially contributed to her incapacity and impairment. Consequently, the Tribunal set aside the ceased effects decision and remitted it to the Australian Postal Corporation for reconsideration, with a direction that Ms Vros be considered to be suffering the effects of the injury. Regarding the permanent impairment decision, the Tribunal affirmed it, concluding that Ms Vros's impairment was not permanent, as there was a real prospect of improvement, particularly with knee replacement surgery. As the degree of impairment was not more than ten percent, compensation for permanent impairment and non-economic loss was not payable.