Walton and Australian Postal Corporation (Compensation)

This matter concerned an appeal by Mr. Campbell Walton against a decision by the Australian Postal Corporation denying liability for his claimed work-related injuries. Mr. Walton alleged he suffered from right lateral epicondylitis, commonly known as tennis elbow, and a subsequent psychological injury, leading to incapacity and entitlement to medical expenses and incapacity payments. The Australian Postal Corporation contended that Mr. Walton's employment had not contributed to a significant degree to his alleged injuries.

The Tribunal was required to determine whether a primary injury, specifically right lateral epicondylitis, existed and if it was work-related. Furthermore, it needed to ascertain if a secondary psychological injury had arisen and if that, too, was connected to his employment. The ultimate question was whether these injuries resulted in an incapacity for work that entitled Mr. Walton to compensation under the *Safety, Rehabilitation and Compensation Act 1988* (Cth).

The Tribunal considered extensive medical evidence, including diagnostic studies and reports from general practitioners. It found that the majority of medical experts, along with Mr. Walton's general practitioners, diagnosed him with right lateral epicondylitis. While one expert suggested the condition may have resolved, the Tribunal concluded, on the balance of probabilities, that Mr. Walton sustained this injury in the course of his employment with Australia Post due to the repetitive nature of his work. The Tribunal noted that the *SRC Act* does not require a specific incident for an injury to be compensable, but rather that the injury arises out of employment. The Tribunal set aside the decision under review, finding Australia Post liable for compensation for Mr. Walton's injuries resulting in incapacity for work, and remitted the matter for reconsideration.