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What's news in Commonwealth Compensation |
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| Focus: |
Commonwealth Compensation news |
| Industry Focus: |
Government |
| Date: |
20 April 2007 |
| Author: |
Brisbane Commonwealth Compensation Team |
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Dibbs Abbott Stillman Lawyers restructured on 1 March, 2009.
The Sydney, Brisbane and Canberra offices are now DibbsBarker.
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Liability
No decisions
Exclusions
Failure to obtain a benefit
Briggs and Comcare [2007] AATA 1229 (13 April 2007), Canberra – AUSTRALIAN CAPITAL TERRITORY
The Tribunal had to consider whether the applicant was entitled to compensation for a psychological injury. From the evidence it was clear the applicants stress and depression was related to his insecurity in relation to his job and that this psychological condition worsened after conflict with his superior regarding his employment. Thus the Tribunal determined that this injury was as a result of a failure to obtain a benefit and was therefore, excluded from liability.
Reasonable disciplinary action
No decisions
Section 6A: Unintentional Consequences
No decisions
Journey Claims
No decisions
Jurisdiction
No decisions
Procedure
No decision
Notice Provisions & Time Limits
No decisions
Incapacity
Briggs and Comcare [2007] AATA 1229 (13 April 2007), Canberra – AUSTRALIAN CAPITAL
TERRITORY
As well as the issues discussed under exclusions, the applicant also claimed compensation for incapacity. However, as the psychological condition was not compensable, the Tribunal found that the applicant was not entitled to payments for incapacity as the evidence was not clear as to whether any of his symptoms were as a result of the injuries sustained during his employment.
Permanent Impairment
No decisions
Rehabilitation
No decisions
Aids and Appliances
No decisions
Household Assistance
No decisions
Medical Expenses
Bear and Comcare [2007] 1230 (13 April 2007) Canberra – AUSTRALIAN CAPITAL TERRITORY
The Tribunal had to determine if the applicant was entitled to compensation for medical treatment (chiropractic and massage) in relation to a neck injury suffered in 1983. Medical evidence showed that although the applicant did suffer from a neck injury in 1983 and continued to suffer pain, the applicant had since re-aggravated his neck condition a number of times. The Tribunal determined that each of these aggravations was a novus actus interveniens and that as such, the medical treatment he was obtaining for neck pain was no longer related to his original injury. Therefore, he was not able to be compensated.
Briggs and Comcare [2007] AATA 1229 (13 April 2007), Canberra – AUSTRALIAN CAPITAL TERRITORY
In addition to the issues discussed under exclusions and incapacity, the applicant also claimed for medical expenses. However as this compensation is given in relation to compensable injuries, the Tribunal determined that given there was no compensable psychological condition, the applicant was not entitled to compensation for medical expenses.
Legislation
No decisions
If you would like more information, please contact a member of our National Commonwealth Compensation Team listed on the right hand side of the screen.
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The information in this document is provided for general guidance only. It is not legal advice, and should not be used as a substitute for consultation with professional legal or other advisors. No warranty is given to the correctness of the information contained in this document, or its suitability for use by you. To the fullest extent permitted by law, no liability is accepted by DibbsBarker for any statement or opinion, or for an error or omission or for any loss or damage suffered as a result of reliance on or use by any person of any material in the document. This publication is copyright. Apart from any use as permitted under the Copyright Act 1968, it may only be reproduced for internal business purposes, and may not otherwise be copied, adapted, amended, published, communicated or otherwise made available to third parties, in whole or in part, in any form or by any means, without the prior written consent of DibbsBarker.
Commonwealth Compensation news
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Author: Brisbane Commonwealth Compensation Team
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Recent Publications
17 May 2013
A recent DibbsBarker article published in Proctor explains in some depth the written/mandatory final offer regimes for various personal injuries matters at the pre-proceedings stage and their interplay with the Uniform Civil Procedure Rules 1999 (Qld).
10 May 2013
Receivers and mortgagees are well-versed as to the statutory duty of sale enshrined in section 420A of the Corporations Act, but what of the duties owed by a liquidator when undertaking asset sales?
01 May 2013
Many businesses have made funding decisions on the NSW Government's commitment that mortgage duty would finally be abolished on 1 July 2013, but it seems that it may be in place for at least another two years.
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