Gillett and Comcare

[2008] AATA 170

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2008] AATA 170

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No W200600389

GENERAL ADMINISTRATIVE  DIVISION		)
Re		ELIZABETH GILLETT

Applicant

And COMCARE

Respondent

DECISION

Tribunal Deputy President S D Hotop
Dr D Weerasooriya, Member

Date28 February 2008

PlacePerth

Decision

The Tribunal sets aside the decision under review and, in substitution therefor, decides that the respondent is liable to pay compensation to the applicant, in accordance with ss 24 and 27 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (“SRC Act”), the amount of such compensation to be assessed on the basis of the degrees of permanent impairment and the non-economic loss scores set out in paragraph 112 of the Reasons for Decision of the Tribunal herein.

The parties have leave to file submissions in relation to the costs of these proceedings within 14 days of the date of this decision. In the event that no such submissions are filed within that period, the Tribunal orders, pursuant to s 67(8) of the SRC Act, that the costs of these proceedings incurred by the applicant be paid by the respondent.

...........[Sgd S D Hotop]..........

Deputy President

CATCHWORDS

COMPENSATION – Commonwealth employees – permanent impairment – applicant sustained injuries to arm and lumbar spine and contracted psychiatric condition – respondent accepted liability to pay compensation to applicant in respect of physical injuries and psychiatric condition – applicant’s physical injuries and psychiatric condition have resulted in permanent impairment – Tables 5.1, 9.1, 9.4, 9.5 and 9.6 in approved Guide – compensation for permanent impairment and non-economic loss payable to applicant – decision under review set aside

Safety, Rehabilitation and Compensation Act 1988 (Cth), s 4(1), s 14(1), s 24 and s 27

Guide to the Assessment of the Degree of Permanent Impairment (1^st ed), Table 5.1, Table 9.1, Table 9.4, Table 9.5, Table 9.6 and Table 14.1

Comcare v Fiedler (2001) 115 FCR 328

Comcare v Moon (2003) 75 ALD 160

Telstra Corporation Ltd v Hannaford (2006) 151 FCR 253

REASONS FOR DECISION

28 February 2008	Deputy President S D Hotop
Dr D Weerasooriya, Member

Introduction

1.      On 6 August 1998 Elizabeth Gillett (“the applicant”) made a claim for compensation under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (“SRC Act”) for an injury described as “broken left arm” and said to have occurred on 3 July 1998 when, in the course of her employment as a housing officer with the Aboriginal and Torres Strait Islander Commission (“ATSIC”), she “tripped and fell down a half brick step on the front verandah” of a house in Kununurra, Western Australia.

2. On 20 September 1998 Comcare (“the respondent”) determined, in response to the applicant’s claim, that it was liable under the SRC Act to pay compensation to the applicant for injuries described as “fracture of shaft of radius & ulna, closed (Left)” and “radial collateral ligament strain (Left)” sustained on 3 July 1998.

3. The respondent subsequently determined that it was…