Watterson and Comcare

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2005] AATA 1198

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No   W2002/39

GENERAL ADMINISTRATIVE DIVISION		)
Re		PETER CHRISTOPHER WATTERSON

Applicant

And COMCARE

Respondent

DECISION

Tribunal Deputy President S D Hotop
Dr P A Staer, Member

Date5 December 2005

PlacePerth

Decision

The Tribunal sets aside the reviewable decision of the respondent dated 10 January 2002, and, in substitution therefor, decides that the respondent continued to be liable on and from 2 July 2001, and is presently liable, under s14(1) of the Safety, Rehabilitation and Compensation Act 1988(Cth) (“the SRC Act”), to pay compensation in accordance with that Act to the applicant in respect of his neck injury which he sustained on 20 May 1999.

The Tribunal remits to the respondent the calculation of the amount of compensation by way of incapacity payments which is payable to the applicant in accordance with s19 of the SRC Act, with a direction that the amount of such compensation be calculated on the basis of the Tribunal’s finding set out in paragraph 58 of the Tribunal’s Reasons for Decision herein.

The Tribunal orders, pursuant to s67(8) of the SRC Act, that the costs of these proceedings incurred by the applicant be paid by the respondent.

..........(sgd S D Hotop)...........
        Deputy President   

5 December 2005

Deputy President S D Hotop

  Dr P A Staer, Member      

INTRODUCTION

1.     On 20 May 1999 the applicant (who was then 45 years of age) suffered a neck injury in the course of his employment with Centrelink.  He claimed compensation under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (“the SRC Act”) and, on 11 August 1999, the respondent accepted liability to pay compensation under the SRC Act to the applicant in respect of that injury. The applicant was, accordingly, paid compensation by way of medical expenses (pursuant to s16 of the SRC Act) and incapacity payments (pursuant to s19 of the SRC Act).

2. On 21 September 2001, however, the respondent determined, on the basis of certain medical evidence, that “on and from 2 July 2001” the applicant no longer had an entitlement to incapacity payments under s19 of the SRC Act. This was followed by a further determination of the respondent on 8 October 2001 that “on and from … 5 October 2001” it was no longer liable to pay compensation to the applicant “under any provision of the [SRC] Act”.

3. On 10 January 2002 the respondent made a “reviewable decision” under s62 of the SRC Act affirming the abovementioned determinations of 21 September 2001 and 8 October 2001.

4.    The applicant has applied to the Tribunal for a review of the respondent’s reviewable decision of 10 January 2002.

THE ISSUES

5. The fundamental issue before the Tribunal is whether the respondent continues to be liable under the SRC Act to pay compensation to the applicant in respect of the neck injury which he sustained on 20 May 1999. If…