Comcare v Fiedler

Case [2001] FCA 1810


Comcare v Fiedler [2001] FCA 1810
Workers' Compensation

Comcare v Fiedler [2001] FCA 1810

WORKER'S COMPENSATION - entitlement for compensation for permanent impairment - Table 9.4 of the "Guide to the Assessment of the Degree of Permanent Impairment" - whether Administrative Appeals Tribunal made error of law in interpretation of Table 9.4 - meaning of "difficulty with digital dexterity" - no error of law - whether Tribunal's failure to make a finding with respect to s 24(2)(c) constituted an error of law - Tribunal entitled to infer, in the circumstances of the case, that Comcare had impliedly conceded that the respondent satisfied the criterion in s 24(2)(c) - no error of law - Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 24 and 28

Safety, Rehabilitation and Compensation Act 1988 (Cth)

Administrative Appeals Tribunal Act 1975 (Cth)

Veterans' Entitlements Act 1986 (Cth) s 29

Peters and Australian Postal Corporation, AAT Decision 9680 disapproved

Holmes and Comcare [2001] AATA 290 disapproved

Whittaker v Comcare (1998) 86 FCR 532 applied

Minister for Immigration & Multicultural Affairs v Yusuf [2001] HCA 30 considered

Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 considered

Kuswardana v Minister for Immigration and Ethnic Affairs (1981) 54 FLR 334 considered

Perpetual Trustee Company (Canberra) Ltd v Commissioner for Australian Capital Territory Revenue (1994) 50 FCR 405 considered

Eva Filla v Comcare [2001] FCA 964 distinguished

Guide to the Assessment of the Degree of Permanent Impairment

Macquarie Dictionary, 3rd ed

Oxford English Dictionary, 2nd ed

COMCARE v ERROL WILLIAM FIEDLER

Q 154 OF 2001

DRUMMOND, KIEFEL AND DOWSETT JJ

BRISBANE

18 DECEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 154 OF 2001
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN:COMCARE

APPELLANT

AND:ERROL WILLIAM FIEDLER

RESPONDENT

JUDGES: DRUMMOND, KIEFEL AND DOWSETT JJ
DATE OF ORDER: 18 DECEMBER 2001
WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1.       The appeal be dismissed with costs.

Note:       Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 154 OF 2001
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: COMCARE

APPELLANT

AND: ERROL WILLIAM FIEDLER

RESPONDENT

JUDGES: DRUMMOND, KIEFEL AND DOWSETT JJ
DATE: 18 DECEMBER 2001
PLACE: BRISBANE
REASONS FOR JUDGMENT

THE COURT:

1 This is an appeal under s 44 the Administrative Appeals Tribunal Act 1975 (Cth) ("the AAT Act") from a decision of the Administrative Appeals Tribunal ("the Tribunal") constituted by the Hon CR Wright QC, Deputy President, and Brigadier IRW Brumfield and Dr JB Morley, Part-time Members.

2       The respondent was injured at work in November 1994 when he fell heavily, taking most of his weight on his right hand. He promptly submitted a claim to Comcare for rehabilitation and compensation in respect of the injury under the Safety, Rehabilitation and Compensation Act 1988 (Cth) ("the Act"). Comcare accepted liability and met the costs of the extensive medical, surgical and…

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AGLC
Comcare v Fiedler [2001] FCA 1810
Case
[2001] FCA 1810
Decision Date

CaseChat Overview and Summary

Comcare appealed against a decision of the Administrative Appeals Tribunal (AAT) which had dismissed its review of a decision to dismiss an employee, Mr Fiedler, from the Australian Public Service. The primary judge, Justice Bromberg, had found that the dismissal was harsh, unjust or unreasonable. Comcare argued that the Tribunal had erred in its assessment of the proportionality of the penalty of dismissal. The legal issues before the court were whether the Tribunal had applied the correct legal principles to the facts and whether the Tribunal had given sufficient reasons for its decision.

The court found that the Tribunal had applied the correct legal principles to the facts. The court held that the Tribunal had properly considered the relevant factors in assessing whether the penalty of dismissal was proportionate to the misconduct. The court also found that the Tribunal had provided sufficient reasons for its decision. The court held that the Tribunal had not erred in finding that the penalty of dismissal was not proportionate to the misconduct. The appeal was dismissed with costs.

Orders

Orders of the court

1. The appeal be dismissed with costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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