HBA secures workers’ comp decision for Telstra

Bith v Telstra Corporation Limited [2023] AATA 3612

The applicant lodged a claim for workers’ compensation, alleging injury to his arms in 2021. He had last worked for Telstra in 2017 and claimed that he first noticed symptoms in 2010. Liability was denied by Telstra because the applicant had failed to give notice of injury as soon as practicable and there was insufficient evidence supporting a link between his symptoms and the performance of his work duties.

The applicant appealed to the AAT and the matter was heard over five days. We called evidence from the applicant’s supervisor and colleague that disputed his claims that “everyone” at the office knew of his injury, that we was observed lying down in the office, that he had reported his injury, that he had continued to perform field work when he had been transferred to an office based role, that he took increasing amounts of sick leave and was made redundant due to this. Numerous medical experts also gave evidence and the applicant’s clinical records revealed that he first reported arm pain in 2016 shortly before he was made redundant.

The Tribunal could not accept the applicant’s evidence on the factual issues and in turn could not accept the medical evidence that relied on his account/history of the onset of symptoms and nature of his work duties.

The Tribunal affirmed the decision under review.