Wicks and Australian Postal Corporation

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2004] AATA 401

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No N2002/535
  )          No N2003/599

GENERAL ADMINISTRATIVE DIVISION		)
Re		DEBBIE ANN WICKS

Applicant

And AUSTRALIAN POSTAL CORPORATION

Respondent

DECISION

Tribunal Michael Sassella, Senior Member

Date21 April 2004

PlaceSydney

Decision

The reviewable decision dated 18 March 2002 is set aside and the tribunal substitutes its own decision that the applicant continued to suffer an injury under the Safety, Rehabilitation and Compensation Act 1988 (“the Act”) on and from 31 December 2000.

The reviewable decision dated 3 April 2003 is set aside and the tribunal substitutes its own decision that the applicant is entitled to lump sum compensation for a 10% whole person impairment under the Act.

The tribunal remits these matters to the respondent for it to calculate the quantum of any compensation payable to the applicant in respect of permanent impairment, incapacity for work (in accordance with the findings in paragraph [38] of these reasons) and medical treatment subject to production of appropriate receipts and records.

The applicant qualifies for her party and party costs associated with both applications in accordance with the tribunal’s general practice direction.

[sgd] M J Sassella

Senior Member

3. Where a disease is involved, as the disease of dermatitis is here, it must satisfy the definition of a disease in s 4(1):

disease means:

(a) any ailment suffered by an employee; or

(b) the aggravation of any such ailment;

being an ailment or an aggravation that was contributed to in a material degree by the employee's employment by the Commonwealth or a licensed corporation;

4. The definition of a disease refers to an ailment and an aggravation as relevant concepts. These are defined also in s 4(1):

aggravation includes acceleration or recurrence;

ailment means any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development);

5. An aggravation may also be present where the conditions set out in s 7(6) of the Act are met:

(6) An incapacity for work or impairment of an employee shall be taken, for the purposes of this Act, to have resulted from a disease, or an aggravation of a disease, if, but for that disease or aggravation, as the case may be:

(a) the incapacity or impairment would not have occurred;

(b) the incapacity would have commenced, or the impairment would have occurred, at a significantly later time; or

(c) the extent of the incapacity or impairment would have been significantly less.

Australia Post accepted that an injury in the form of aggravation of dermatitis had occurred and was compensable.

6. If an injury is present then s 14(1) of the Act provides that Comcare is liable to pay compensation to the employee:

Compensation for injuries

14. (1) Subject to this Part, Comcare is liable to pay compensation in accordance with this Act in respect of an injury suffered by an employee if the injury results in death, incapacity for work, or impairment.

7.…