Kirkpatrick v Commonwealth of Australia

Re: JOHN KIRKPATRICK
And: COMMONWEALTH OF AUSTRALIA
No. G.34 of 1985
Administrative Law

COURT

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
Davies J.
Beaumont J.
Burchett J.

CATCHWORDS

Administrative Law - Appeal from Administrative Appeals Tribunal - Commonwealth Employees Compensation - Compensation neurosis - Neurosis engendered by genuine belief that the employment was a contributing factor to a disability which was in fact unrelated to the employment - Use of medical dictionary by A.A.T. in order better to understand medical evidence.

Compensation (Commonwealth Government Employees) Act 1971

Administrative Appeals Tribunal Act 1975

Federal Broom Co. Pty. Ltd. v. Semlitch (1964) 110 CLR 626.

Migge v. Wormald Bros. Industries Ltd. (1972) 2 NSWLR 29; and on appeal, 47 ALJR 236.

Australian Telecommunications Commission v. Tzikas, unreported, Full Court, Smithers, Sweeney and Woodward JJ., 12 August 1985.

McMullen v. Commissioner for Superannuation (1985) 61 ALR 189.

HEARING

SYDNEY
#DATE 26:11:1985

ORDER

The appeal be dismissed.

Liberty to the Respondent to apply for the costs of the appeal, if so advised.

Note: Settlement and entry of order is dealt with by Order 36

of the Federal Court Rules.

JUDGE1

This is an appeal from a decision of the Administrative Appeals Tribunal affirming a decision of the Delegate of the Commissioner for Employees' Compensation that the Commonwealth was not liable to make weekly payments of compensation under s.45 or s.46 of the Compensation (Commonwealth Government Employees) Act 1971 from 21 April 1981 in respect of a personal injury sustained by the applicant on 3 November 1980.

1. The Tribunal dealt with the matter on a somewhat wider basis than one confined to the claim with which the decision of the Delegate had been concerned. No complaint is made in this respect. The case sought to be made before the Tribunal involved the following facts. The applicant, who was born on 2 February 1926, worked at Garden Island as an electrical fitter for almost thirty years. On 23 December 1979 a stool upon which he was seated at work slipped from under him, causing him to fall onto his buttocks. He suffered a coccydynia and was absent from work for six weeks. He received payments of compensation for the period from 21 December 1979 to 1 February 1980. Thereafter he worked until 3 November 1980, when a metal cylinder, in relation to which he was doing some work, fell onto his left fourth toe fracturing the proximal phalanx. He received compensation again until 20 April 1981, when an orthopaedic surgeon, Dr. W.G. Donaldson, certified him fit to return to work. However the applicant did not accept the doctor's view, and has not worked since. He took a period of extended sick leave, after which he resigned from his employment on 13 May 1982.

2. At the time Dr. Donaldson expressed the view that the applicant was fit to return to work, there is no suggestion that his complaints related to any psychiatric condition. His only symptoms then…