Brice and Comcare

[2003] AATA 19

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2003] AATA 19

ADMINISTRATIVE APPEALS TRIBUNAL      )

)     No A2001/397
  )     No A2002/209

GENERAL ADMINISTRATIVE DIVISION )

Re ROBERT WILLIAM BRICE

Applicant

And COMCARE

Respondent

DECISION

Tribunal Mr S Webb, Member

Date13 January 2003

PlaceCanberra

Decision

A2001/397

The Tribunal decides to set aside the decision under review and, in substitution therefor, decides to remit the matters to the Respondent with the following directions:

1.    The Applicant is entitled to ongoing payment of compensation for incapacity from 26 June 2000 for which the Respondent is liable;

2.    The amount the Applicant is able to earn in suitable employment is the amount of his earnings each week in employment commencing 26 June 2000;

3.    The Respondent is to assess the correct amount of compensation for incapacity that is payable.

A2002/209

The Tribunal decides to set aside the decision under review and, in substitution therefor, decides the Applicant is entitled to compensation for reasonable medical treatment in respect of the adjustment disorder, and related residual symptoms, suffered as a result of the injury on 10 February 1998.

The Tribunal orders that the Respondent pay the Applicant’s reasonable costs of these proceedings in relation to both applications.

Mr S Webb, Member

WORKERS' COMPENSATION - compensable injury - entitlement to incapacity payments – entitlement to payment of medical treatment costs - whether effects of injury continue to cause incapacity for work – whether incapacity for work is caused by other factors

LEGISLATION

Safety, Rehabilitation and Compensation Act 1988 s 4(1) “disease”, “injury”, (9); 14(1); 16(1), (2); 19(1)

AUTHORITIES

Federal Broom Company Pty Limited  v Semlich (1964) 110 CLR 626

Treloar v Australian Telecommunications Commission (1990) 26 FCR 316

Re Ghattas and Australian Telecommunications Commission [1991] AAT No. 7058

Australian Telecommunications Commission v King (1985) 5 FCR 42

Comcare v Rowe [2002] FCA 1034

Re Prica and Comcare (1996) 46 ALD 46

Asioty v Canberra Abattoir Pty Ltd (1989) 167 CLR 533

Telstra Corporation Ltd v Slater [2001] FCA 149

Woodbridge v Comcare (1994) AAR 196

REASONS FOR DECISION

13 January 2003 Mr S Webb, Member

1.      This is an application by Mr Robert Brice (“the Applicant”) for review of two reviewable decisions (T55 and ST11) made by Independent Review Officers (IRO’s) on 10 September 2001 and 28 May 2002, respectively, under the Safety, Rehabilitation and Compensation Act 1988 ("the Act"). 

A2001/397 – Incapacity payments

2.      On 23 February 1998 the Applicant lodged a claim for compensation for “work related trauma” (T5) arising from an incident that occurred on the premises of the ACT Emergency Services Bureau (“the Employer”) on 10 February 1998 (T6). Subsequently, the Applicant lodged claims for “Time off Work” (T7, T10 and T18) and for “Compensation for Period of Reduced Earnings” (T8, T9 and T17). The Applicant returned to work on a part time basis on 17 March 1998 (T13). On 2 April 1998, Comcare (“the Respondent”) determined to disallow the Applicant’s claim for compensation (T11).…