Administrative Appeals Tribunal
DECISION AND REASONS FOR DECISION [2010] AATA 790
ADMINISTRATIVE APPEALS TRIBUNAL )
) No S2007/42, 2009/2916
GENERAL ADMINISTRATIVE DIVISION ) Re JOACHIM WIEGAND
Applicant
And
COMCARE
Respondent
DECISION
Tribunal Justice Downes, President
Mr S D Hotop, Deputy President
Professor P L Reilly, MemberDate15 October 2010
PlacePerth (heard in Adelaide)
Decision The decisions under review are set aside and, in substitution therefor, it is decided that Comcare is liable, under s 14(1) of the Safety, Rehabilitation and Compensation Act 1988 (Cth), to pay compensation, in accordance with that Act, to Joachim Wiegand in respect of the following injuries, namely, dysthymic disorder (sustained on 20 July 1994) and major depressive disorder (sustained on 30 January 1998).
Application may be made to the Tribunal in relation to the costs of these proceedings within 14 days of the date of this decision. In the event that no such application is made by that date, the Tribunal orders, pursuant to s 67(8) of the Safety, Rehabilitation and Compensation Act 1988 (Cth), that the costs of these proceedings incurred by Joachim Wiegand be paid by Comcare in accordance with Section 6.8 of the Tribunal’s Guide to the Workers’ Compensation Jurisdiction.
...............[sgd]...............................
President
CATCHWORDS
COMPENSATION – Commonwealth employee – applicant employed by Australian Taxation Office from 1986 to 2003 – applicant applied for promotion in 1989, 1993 and 1997 – each application unsuccessful – applicant requested approval for part-time employment in 1993 – request initially not approved but subsequently approved – applicant requested approval for compassionate leave in 1996 – request refused – applicant failed to obtain promotion and benefit in connection with employment – applicant suffered dysthymic disorder and major depressive disorder – applicant’s dysthymic disorder and major depressive disorder contributed to in material degree by employment – applicant’s dysthymic disorder and major depressive disorder not suffered as a result of failure to obtain promotion or benefit – applicant’s dysthymic disorder and major depressive disorder are compensable injuries – respondent liable to pay compensation to applicant in respect of dysthymic disorder and major depressive disorder – decisions under review set aside
RELEVANT ACT/S
Safety, Rehabilitation and Compensation Act 1988 (Cth), s 4(1), s 7(4) and s 14(1)
CITATIONS
Comcare v Caldwell [2008] FCA 2015
Comcare v Canute (2005) 148 FCR 232
Hart v Comcare (2005) 145 FCR 29
Ilsley v Wattyl Australia Pty Ltd (1997) 75 FCR 1
Kooragang Cement Pty Ltd v Bates (1994) 35 NSWLR 452
McKinnon v Secretary, Department of Treasury (2006) 228 CLR 423
Shi v Migration Agents Registration Authority (2008) 235 CLR 286
Re Wiegand and Comcare [2002] AATA 530
Wiegand v Comcare Australia (2002) 72 ALD 795
Re Wiegand and Comcare [2005] AATA 780
Wiegand v Comcare Australia [2006] FCA 1620
Wiegand v Comcare (No 2) (2007) 94 ALD 154
Re Wiegand and Comcare [2007] AATA 1708
Woodward v Repatriation Commission (2003) 131 FCR 473
REASONS FOR DECISION
15 October 2010 Justice Downes, President
Mr S D Hotop, Deputy President
Professor P L…
Continue reading Re Wiegand and Comcare
Sign in free to access the full text
- AGLC
- Re Wiegand and Comcare [2010] AATA 790
- Case
- [2010] AATA 790
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether Wiegand's employment conditions materially contributed to his dysthymic disorder and major depressive disorder. The court had to determine whether these disorders were a result of the employment or other factors. The court also needed to establish if the failure to obtain promotions or other benefits was a contributing factor to the mental health conditions. The relevant legislation, the Safety, Rehabilitation and Compensation Act 1988 (Cth), was used to guide the determination of compensation eligibility.
The court found that while Wiegand's employment did contribute to his mental health disorders, the failure to obtain promotions or benefits did not materially contribute to these conditions. The court held that the disorders were compensable injuries under the Act. Therefore, Comcare was liable to pay compensation to Wiegand for the dysthymic disorder and major depressive disorder. The decisions under review were set aside, and Comcare was ordered to pay compensation to Wiegand as per the Act.
The court also noted that costs associated with the proceedings could be applied for by either party within 14 days of the decision. If no application for costs was made by that date, the costs incurred by Wiegand would be paid by Comcare as per the Tribunal’s Guide to the Workers’ Compensation Jurisdiction.
Orders
Orders of the court
The decisions under review are set aside and, in substitution therefor, it is decided that Comcare is liable, under s 14(1) of the Safety, Rehabilitation and Compensation Act 1988 (Cth), to pay compensation, in accordance with that Act, to Joachim Wiegand in respect of the following injuries, namely, dysthymic disorder (sustained on 20 July 1994) and major depressive disorder (sustained on 30 January 1998).
Application may be made to the Tribunal in relation to the costs of these proceedings within 14 days of the date of this decision. In the event that no such application is made by that date, the Tribunal orders, pursuant to s 67(8) of the Safety, Rehabilitation and Compensation Act 1988 (Cth), that the costs of these proceedings incurred by Joachim Wiegand be paid by Comcare in accordance with Section 6.8 of the Tribunal’s Guide to the Workers’ Compensation Jurisdiction.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.