Claasz and Comcare (Compensation)

This matter concerned an appeal by Ms Claasz against a decision by Comcare regarding the calculation of compensation payable under the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (the Act). Ms Claasz had lodged a claim for workers' compensation due to depression and anxiety, which was accepted by Comcare, leading to weekly payments. Subsequently, Ms Claasz was retired from the Australian Federal Police on the grounds of mental incapacity. The dispute centred on the quantum of compensation payable under section 21 of the Act, specifically how the "superannuation amount" was determined for the purpose of calculating her entitlement following invalidity retirement.

The court was required to determine two primary legal issues. Firstly, it needed to ascertain the correct date from which compensation was payable to Ms Claasz under section 21 of the Act. Secondly, the court had to determine the appropriate method for calculating the "superannuation amount" to be included in the assessment of incapacity payments under section 21, considering the definition of this term in section 4 of the Act and the receipt of a lump sum superannuation benefit.

The court varied Comcare's decision regarding the date from which compensation was payable, finding that it should have been calculated from the date of retirement (27 October 2017) rather than the date of receipt of the lump sum benefit (10 November 2017). This was based on the interpretation of section 21(2) of the Act, which allows for adjustments to compensation payments made prior to the receipt of a lump sum, preventing "double dipping". Regarding the calculation of the superannuation amount, the court affirmed Comcare's approach, which involved apportioning the total superannuation benefit to identify the employer-funded component. This employer-funded component, including any insurance amounts received by the superannuation fund, was correctly identified as the "superannuation amount" to be used in the section 21 calculation.

Consequently, the court affirmed Comcare's decision that $263,259.61 was the correct "superannuation amount" to be used for calculating Ms Claasz's incapacity payments under section 21 of the Act. However, the decision was varied to reflect that compensation was payable from the date of her retirement, not the date she received her lump sum superannuation benefit.