Whitworth and Military Rehabilitation and Compensation Commission (Compensation)

This matter concerned an appeal by Mr Whitworth against a decision by the Military Rehabilitation and Compensation Commission to deny his claim for compensation. Mr Whitworth sought compensation for dental caries and a fractured tooth, alleging these conditions arose out of or were contributed to by his service in the Australian Army. The Commission denied liability under section 14 of the *Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988* (Cth).

The Tribunal was required to determine whether Mr Whitworth suffered an injury (other than a disease) arising out of, or in the course of, his employment, or whether he suffered a disease that was contributed to in a material degree by his employment. The Tribunal also considered the nature of Mr Whitworth's claimed dental conditions.

The Tribunal found that Mr Whitworth suffered from dental caries and a fracture of tooth number 26. However, it was not satisfied that these conditions met the statutory requirements for compensation. Regarding the dental caries, the Tribunal determined this constituted a 'disease' under the Act. As the relevant amendments to the Act occurred after Mr Whitworth first sought treatment, the applicable test was whether the disease was contributed to in a material degree by his employment. The Tribunal found no documentary or expert evidence to support such a contribution, noting the caries developed gradually and pre-dated his enlistment. Expert evidence indicated the progression of the caries was due to non-treatment of pre-existing conditions, not his military service. Concerning the fractured tooth, the Tribunal found no evidence that the fracture arose out of or in the course of his employment. The Tribunal also noted that a suggestion of future root canal therapy was not a definitive recommendation for treatment at the time.

Consequently, the Tribunal affirmed the decision under review, finding that Mr Whitworth was not entitled to compensation under the Act.