Ziade and Australian Postal Corporation (Compensation)

This matter concerned compensation claims brought by Mr Ziade against the Australian Postal Corporation (trading as Star Track). Mr Ziade alleged injuries to his left and right shoulders arising from his employment as a delivery driver. The dispute centred on whether the conditions of his employment caused or aggravated a disease or injury, and the extent of any resulting incapacity for work.

The court was required to determine several legal issues. Firstly, it needed to ascertain the causal thresholds for establishing a 'disease' and an 'injury (other than a disease)' under the relevant legislation. Secondly, the court had to consider the meaning of 'aggravation' in the context of pre-existing conditions. Thirdly, the court was tasked with assessing the weight of divergent expert medical opinions and the reliability of Mr Ziade's evidence. Finally, the court had to determine the validity of a primary determination regarding temporal limits on liability and the Tribunal's jurisdiction to review such decisions.

The court found that Mr Ziade's claim for an injury arising from the nature and conditions of his employment with Star Track was not made out. It reasoned that while there was evidence of temporary symptoms and impairment, these were not indicative of an aggravation of a pre-existing degenerative condition caused by his work. The court distinguished between temporary symptoms experienced during employment and a compensable aggravation or injury. The court also addressed jurisdictional issues, finding that a primary determination, even if imprecise, was not invalid and that the Tribunal had the power to make a fresh decision on all matters before the previous decision-maker.

The decision under review in application 2019/7512 was varied to the extent that Star Track was liable to pay Mr Ziade compensation for an 'injury' on 6 August 2019 until 6 November 2019. The decision in application 2023/8320 was affirmed. The court indicated it would order Star Track to pay Mr Ziade's reasonable costs of the application unless contrary submissions were made.