Wager and Military Rehabilitation and Compensation Commission (Compensation)

This matter concerned an appeal by the applicant, Wager, against a decision of the Military Rehabilitation and Compensation Commission. The dispute centred on whether the applicant's fractured left fibula injury arose out of or in the course of his defence service, as required for compensation under the relevant Act. The decision was heard by Deputy President McDermott.

The primary legal issue before the court was to determine whether the applicant's injury occurred while performing military service, specifically whether it arose out of or in the course of his defence service, including consideration of the former journey provisions. The court had to assess the evidence to ascertain the circumstances under which the applicant sustained his injury.

Deputy President McDermott accepted that the applicant's duties may have required him to attend barracks on a weekend. However, the court found there was no probative evidence that the injury occurred at the barracks or on a journey to work. The court placed significant weight on a PM24 form signed by the applicant, which stated, "Returning home from work i stepped over a bag and broke my leg." The court interpreted this statement to mean the injury occurred after the applicant had returned home, and therefore not during a journey. Further weight was given to a certification by a commissioned officer on the same form, stating, "Incident occurred whilst member was at home," which the court considered would have followed a proper investigation.

The decision under review was affirmed.