Wiegand v Comcare Australia
[2002] FCA 1464
Citation 1
…ers Compensation Act or the Accident Compensation Act . 28 Mr Waugh also referred me to the decision of von Doussa J in Wiegand v Comcare Australia [2002] FCA 1464 in which His Honour stated: “It is sufficient that an incident or state of affairs contributes in a material degree. That may be the case even where th…
King v Hayward
[1943] HCA 17
Citation 2
…h impairment by 90 per cent. In so doing, it was, in essence, eliminating the non-compensable factors. 19 In King v Hayward (1943) 67 CLR 488, the High Court of Australia considered an application pursuant to the Worker’s Compensation Act 1926 (NSW). In that case, the injured worker, Hayward, made a claim pursuant t…
Commonwealth of Australia v Smith
[2006] HCATrans 242
Citation 3
…30 The decision in Bratovich was subsequently referred to and cited with approval by von Doussa J in Commonwealth of Australia v Smith (1988) 10 AAR 277. 31 I agree with the argument that these cases support the general proposition that the cause or causes of a compensable injury or impairment may be multi- factorial. If the necessary sta…
Gennimatas v Transport Accident Commission
[2002] VSC 552
Citation 4
…s.68(4). He referred to authorities, and in particular to the decision of Ashley J (as he then was) in Gennimatas v Transport Accident Commission [2002] VSC 552. He submitted that question 5 was a valid medical question within the meaning of the definition contained in s.5 of the Act. Indeed, such a question is e…