Corrie and Comcare

[2009] AATA 203

Administrative Appeals Tribunal

ADMINISTRATIVE APPEALS TRIBUNAL         Nº 2007/4488

GENERAL  ADMINISTRATIVE  DIVISION

Re:MARGARET CORRIE

Applicant

And:COMCARE

Respondent

CORRIGENDUM

Tribunal:       Miss E.A Shanahan, Member

Date:             2 April 2009

Place:            Melbourne

Member Shanahan made a decision under s 43 of the Administrative Appeals Tribunal Act1975 (the Act) on 24 March 2009.

The Tribunal was advised by letter on 16 March 2009 that there was an omission in the decision dated 24 March 2009.

In accordance with s 43AA(1) of the Act, the Tribunal directs that the Registrar insert the following clause after the decision on page 1 and at the end of the conclusion on page 33:

“The Respondent shall pay the Applicant’s costs as agreed or as taxed by the Tribunal.”

(sgd) E.A. Shanahan
  Senior Member

DECISION AND REASONS FOR DECISION [2009] AATA 203

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No 2007/4488

GENERAL  ADMINISTRATIVE  DIVISION		)
Re		MARGARET CORRIE

Applicant

And COMCARE

Respondent

DECISION

Tribunal Miss EA Shanahan, Member

Date24 March 2009

PlaceMelbourne

Decision The Tribunal sets aside the decision under review and instead substitutes its decision that the Applicant had a reasonable excuse for her failure to undertake and/or complete the first stage of a three stage rehabilitation program undertaken in December 2005.Her suspension from payment of entitlement is void from the beginning.  The matter is remitted to the Respondent for re-institution of payments and calculation of monies owed.

(sgd) EA Shanahan

Member

COMPENSATION ‑ liability accepted 1985 for coccydynia – multiple surgical procedures – persistent pain – rehabilitation program – limited attendance – failure to follow program – compensation suspended – reasonable excuse – pain – decision set aside. 

Safety, Rehabilitation and Compensation Act 1988s 36, 37

Brennan v Comcare (1994) 50 FCR 555
Fazlic v Milingimbi Community Inc (1982) 150 CLR 345
McGuiness and Comcare Australia [2007] FMCA 1486
Pascoe and Australian Postal Corporation (2004) 77 ALD 464
Roskill LJ V R & John (Graham) (1974) All ER 561
Re Ferriera and Comcare Australia [1995] AATA 10281
Re Isamailjee  and Australian Postal Corporation [1995] AATA 10279
Re Finch and TelstraCorporation Limited [1998] AATA 13130
Re Oellering and Department of Health Housingand Community Services (1992) 16 AAR 198
Re Pollanen and Comcare [2004] AATA 134
Re Stanley Ranjasinghe and Australian Postal Corporation [2008] AATA 66
Corporate Affairs Commission (NSW) v Yuill (1991) 172 CLR 319

REASONS FOR DECISION

24 March 2009 Miss EA Shanahan, Member

1.      Mrs Corrie applied to the Administrative Appeals Tribunal for review of the decision of a delegate of the Department of Defence dated 15 December 2005, suspending her compensation payments from 10 January 2006.  The reason for the suspension was that she had failed to undertake her rehabilitation program during the weeks 1 December 2005 to 7 December 2005 and 8 December 2005 to 14 December 2005.  This decision was affirmed by a Review Officer on 24 April 2006. 

2. Mrs Corrie was represented by Mr Mark Carey of counsel, instructed by Arnold Thomas and Becker, solicitors. The Respondent was…