Comcare Australia v Silver [2004] FCA 701

Comcare Australia v Silver [2004] FCA 701

The Tribunal made no error of law. On a fair reading of its reasons, it found that the macula was a distinct part of the retina with its own function and had not originally been affected by the 1971 injury; the later progression of the scar to affect the macula and its function was open on the evidence as a discrete permanent impairment occurring after 1 December 1988. The Tribunal was also correct to assess the respondent's whole person impairment by reference to both eyes because Table 6.1 concerns the visual system and whole person impairment, including the effect of an injury on functional capacity and activities of daily living in the claimant's actual condition.

Jurisdiction
Australia
Judgment Date
03 June 2004
Procedural Posture
Appeal Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) / Application to the Federal Court Challenging the Administrative Appeals Tribunal's Decision
Outcome
Application dismissed with costs.
Legal Topics
['permanent Impairment Compensation' 'commonwealth Employee Injury' 'visual Impairment Assessment' 'whole Person Impairment' 'appeal on a Question of Law From the Administrative Appeals Tribunal']
["workers' Compensation" 'administrative Law'] ['permanent Impairment Compensation' 'commonwealth Employee Injury' 'visual Impairment Assessment' 'whole Person Impairment' 'appeal on a Question of Law From the Administrative Appeals Tribunal']

Case Brief

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Procedural Posture

Appeal Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) / Application to the Federal Court Challenging the Administrative Appeals Tribunal's Decision

Legal Issues

  1. 1 ["Whether the progressive decline in the respondent's left eye visual acuity was attributable to the same permanent impairment or to a new permanent impairment occurring after 1 December 1988." "Whether, in assessing whole person impairment for the respondent's compensable left eye injury under the Comcare Guide, regard should be had to impairment in both eyes, including a non-compensable right eye condition."]

Ratio Decidendi

The Tribunal made no error of law. On a fair reading of its reasons, it found that the macula was a distinct part of the retina with its own function and had not originally been affected by the 1971 injury; the later progression of the scar to affect the macula and its function was open on the evidence as a discrete permanent impairment occurring after 1 December 1988. The Tribunal was also correct to assess the respondent's whole person impairment by reference to both eyes because Table 6.1 concerns the visual system and whole person impairment, including the effect of an injury on functional capacity and activities of daily living in the claimant's actual condition.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed with costs.']