DECISION AND REASONS FOR DECISION [2001] AATA 570
ADMINISTRATIVE APPEALS TRIBUNAL )
) No N1999/1714
GENERAL ADMINISTRATIVE DIVISION )
Re Christopher Brouwer
Applicant
And Australian Postal Corporation
Respondent
DECISION
Tribunal Ms SM Bullock, Senior Member
Date21 June 2001
PlaceSydney
Decision The decision under review is set aside and in substitution therefor the Tribunal decides pursuant to section 43 of the Administrative Appeals Tribunal Act 1975 (Cth) that the Respondent is liable to pay compensation to Mr Brouwer pursuant to sections 24 and 27 of the Safety, Rehabilitation and Compensation Act 1988 (Cth). The Tribunal further decides that the Respondent should pay the Applicant's costs.
.....................[sgnd]...................
Ms SM Bullock
Senior Member
DECISION (CORRIGENDUM)
Before : Ms S M Bullock – Senior Member
Date: 16 July 2001
Place: Sydney
The Tribunal made a decision in this matter dated 21 June 2001 pursuant to section 43 of the Administrative Appeals Tribunal Act 1975 ("the Act");
It has come to the Tribunal's attention that there was a clerical error under Table 14.1 of the "Guide to the assessment of the degree of permanent impairment" in paragraphs 104 and 105 of that decision.
The Tribunal desires to amend the decision pursuant to section 43AA of the Act and provides as follows:
The figure "20" (per cent) should be deleted from both paragraphs and be replaced with the figure "19" (per cent).
.........................................
Ms S M Bullock
Senior Member
Catchwords
COMPENSATION - Injury to Left Leg and Right hand - Permanent Impairment - Whether Impairment Reaches 10 Per Cent Threshold - Interpretation of Instruments - "Guide to the Assessment of the Degree of Permanent Impairment"
Legislation
Safety Rehabilitation and Compensation Act 1988 (Cth) ss 4, 24, 27, 28, 67,
Comcare Guide to the Assessment of the Degree of Permanent Impairment
Authorities
Comcare v Amorebieta (1996) 66 FCR 83
Re Whelan and Department of Defence (1997) 47 ALD 383
Whittaker v Comcare (1998) 86 FCR 532
Re Toohey and Australian Postal Corporation (1998) (AAT 13360, 9 October 1998)
Re Morley and Comcare (1996) 40 ALD 725
REASONS FOR DECISION
21 June 2001 Ms SM Bullock, Senior Member
Mr Christopher Brouwer, the Applicant, has made an application for review to the Administrative Appeals Tribunal, ("the Tribunal") of a decision of the Australian Postal Corporation ("Australia Post") dated 20 August 1999 (T44) as affirmed by the Reconsideration Section on 6 September 1999 (T48), to refuse Mr Brouwer compensation in respect of his claim for permanent impairment of the right arm and left leg injuries, pursuant to sections 24 and 27 of the Safety, Rehabilitation and Compensation Act 1988 (Cth).
A hearing was held before the Tribunal in Newcastle on 8 March 2001 and in Sydney on 9 March 2001. The Applicant was represented by Mr L T Grey of Counsel who was instructed by Mr C Hart of Bale, Boshev and Associates. The Respondent, Australia Post, was represented by Mr G Johnson of Counsel, instructed by Mr L…
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- Case
- [2001] AATA 570
- Decision Date
CaseChat Overview and Summary
The court undertook a detailed analysis of the evidence provided by the medical specialists and the Tribunal's findings. It examined the reports of Professor Ghabrial, who assessed Mr Brouwer's impairments at 10 per cent for the right upper limb and 20 per cent for the left lower limb, and Dr Browne, who reported on Mr Brouwer's ongoing pain, stiffness, and difficulties in daily activities. The court also considered Mr Brouwer's subjective evidence regarding his functional limitations and pain. The court determined that while the medical evidence supported some level of impairment, Mr Brouwer's subjective complaints and functional difficulties, as corroborated by his medical history and the assessments provided, did not reach the 10 per cent threshold for whole person impairment.
In conclusion, the court found that Mr Brouwer's impairments did not meet the required threshold of 10 per cent, and therefore he was not entitled to the compensation he sought. The court upheld the decision of the Australian Postal Corporation, ruling against Mr Brouwer's claim for compensation based on the assessment of his permanent impairment.
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Background to the litigation
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Evidence Before The Court
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