Lonergan v Comcare [2005] FCA 377

Lonergan v Comcare [2005] FCA 377

Section 21 of the Act applies only if the employee is incapacitated for work at the time of retirement; because the applicant was not incapacitated at his retirement, compensation must be calculated under s 19, not s 21.

Jurisdiction
Australia
Judgment Date
08 April 2005
Procedural Posture
Appeal From the Administrative Appeals Tribunal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
['calculation of Compensation Post Retirement' 'interpretation of Safety, Rehabilitation and Compensation Act 1988 (cth) Ss 19 & 21' 'superannuation and Workers Compensation Interplay']
["workers' Compensation" 'administrative Law'] ['calculation of Compensation Post Retirement' 'interpretation of Safety, Rehabilitation and Compensation Act 1988 (cth) Ss 19 & 21' 'superannuation and Workers Compensation Interplay']

Case Brief

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Procedural Posture

Appeal From the Administrative Appeals Tribunal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether compensation should be calculated under s 19 or s 21 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) when incapacity arises after retirement' 'Whether a lump sum superannuation benefit received post-retirement should be taken into account in calculation']

Ratio Decidendi

Section 21 of the Act applies only if the employee is incapacitated for work at the time of retirement; because the applicant was not incapacitated at his retirement, compensation must be calculated under s 19, not s 21.

Court Disposition

Appeal allowed

Orders

  • ['The appeal be allowed.' "The respondent pay the applicant's costs of the appeal." "The determination of the Administrative Appeals Tribunal dated 25 June 2004 be set aside and in lieu thereof it be ordered that the applicant's compensation under the Safety, Rehabilitation and Compensation Act 1988 (Cth) be...