Palmer and Comcare (Compensation)

The Administrative Appeals Tribunal considered a dispute between Mr Palmer and Comcare concerning the calculation of Mr Palmer's Normal Weekly Earnings (NWE) for the purposes of workers' compensation. The core of the disagreement lay in whether Mr Palmer's NWE should be determined by his pre-injury earnings or if a subsequent increase in his earnings and working hours should be taken into account. A further question arose as to whether Mr Palmer's transfer to a different work location, which resulted in higher pay, constituted a "promotion" under section 8(7) of the *Safety, Rehabilitation and Compensation Act 1988* (Cth).

The Tribunal was required to determine the correct method for calculating Mr Palmer's NWE. Specifically, it had to decide whether the statutory provisions mandated the use of pre-injury earnings exclusively, or if subsequent changes in employment circumstances, such as increased hours and pay, were to be incorporated. The Tribunal also had to interpret the meaning of "promotion" within the context of section 8(7) of the *SRC Act* and assess whether Mr Palmer's relocation and pay increase met this definition.

In its reasoning, the Tribunal affirmed the reviewable decision. It applied the principles of the *SRC Act* regarding the calculation of NWE, which generally focuses on earnings at the time of injury. The Tribunal found that the subsequent increase in Mr Palmer's earnings and hours, and his transfer to a new work location with higher pay, did not qualify as a "promotion" for the purposes of section 8(7) of the *SRC Act*. Consequently, the Tribunal concluded that Mr Palmer's NWE should be calculated based on his pre-injury earnings.