FEDERAL COURT OF AUSTRALIA
Canute v Comcare [2005] FCA 299
ADMINISTRATIVE LAW – workers compensation – claim for additional compensation following making of final award – worker found to suffer chronic adjustment disorder with 10 per cent impairment – whether degree of impairment to be calculated having regard to the Combined Values Chart in Table 14.1 – whether Tribunal erred in law by not finding whether the adjustment disorder was an injury – whether impairments arising from separate injuries to be aggregated using Table 14.1 to calculate whole person impairment.
Safety, Rehabilitation and Compensation Act 1988 (Cth) s 4, ss 24(1), ss 24(4), ss 24(5), ss 24(7), s 28
Comcare v Mihajlovic (2000) 97 FCR 304 – discussed
Comcare v Roser (2003) 127 FCR 155 – discussedKENNETH JOHN CANUTE V COMCARE
N 1101 OF 2004
HILL J
1 APRIL 2005
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N1101 OF 2004
BETWEEN:
KENNETH JOHN CANUTE
APPLICANTAND:
COMCARE
RESPONDENTJUDGE:
HILL J
DATE OF ORDER:
1 APRIL 2005
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
- The decision of the Administrative Appeals Tribunal dated 21 June 2004 be set aside and the matter be remitted to the Tribunal for further hearing, with or without additional evidence being called.
- The respondent is to pay the applicant’s costs of the present application.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N1101 OF 2004
BETWEEN:
KENNETH JOHN CANUTE
APPLICANTAND:
COMCARE
RESPONDENT
JUDGE:
HILL J
DATE:
1 APRIL 2005
PLACE:
SYDNEY
REASONS FOR JUDGMENT
The applicant, Mr Canute, appeals from the decision of the Administrative Appeals Tribunal constituted by senior member, S M Bullock and Dr P D Lynch, member, affirming the decision of Comcare denying to him a further lump sum compensation payment additional to the award he received as a result of a decision of Comcare made on 9 February 2000.
The application is in the original jurisdiction of the Court, although termed an appeal. It is an appeal “on”, that is to say, limited to, a question of law.
Mr Canute worked as a civilian employee with the Department of Defence. He claimed that during the course of his employment he had suffered injury to his back on two occasions. He received an award of lump sum compensation in respect of one of his back injuries, as a result of the decision made on 9 February 2000. The other injury was not the subject of any award and has no relevance to the present appeal.
Mr Canute subsequently claimed “whole person impairment” beyond the award which he had received. He claimed that he suffered, not merely from the back injury, relating to the aggravation of the displacement of an intervertebral disc-lumbar, but also that arising out of the same incident, he suffered an adjustment disorder resulting in an increase in the degree of permanent impairment he…
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- AGLC
- Canute v Comcare [2005] FCA 299
- Case
- [2005] FCA 299
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the Tribunal had appropriately assessed the psychological condition as a separate injury for the purposes of determining compensation under the applicable legislation. Comcare argued that the Tribunal had considered the psychological condition and either rejected it as a separate injury or proceeded to assess permanent impairment without proper consideration. The court was required to determine if the Tribunal had erred in its approach to the assessment of multiple injuries and impairments.
The Federal Court found that the Tribunal had not adequately considered whether Mr Canute's psychological condition constituted a separate injury. The court emphasised the legislative requirement that compensation is payable in respect of injuries, not merely the incidents causing them. The court held that each injury must be considered separately, and the appropriate tables in the relevant guide must be applied correctly to determine whole person impairment. The court noted that where there are multiple injuries, each should be assessed individually, and their impairments calculated separately, unless they arise from a single injury, in which case Table 14.1 would apply.
The court ordered that the decision of the Administrative Appeals Tribunal dated 21 June 2004 be set aside and the matter be remitted for further hearing, with or without additional evidence. The respondent, Comcare, was also ordered to pay the applicant's costs of the present application.
Orders
Orders of the court
1. The decision of the Administrative Appeals Tribunal dated 21 June 2004 be set aside and the matter be remitted to the Tribunal for further hearing, with or without additional evidence being called.
2. The respondent is to pay the applicant’s costs of the present application.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: HILL J
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