Comcare v Moon [2003] FCA 569

Comcare v Moon [2003] FCA 569

The application failed because the Tribunal did not impermissibly reopen the accepted compensable injury decision, and in any event there was evidence supporting its findings about the nature of the condition and Mr Moon's difficulty with grades and steps. Pain was not legally irrelevant to Table 9.5 where it was experienced during activity and reflected pathological change causing difficulty. The 10 per cent permanent impairment finding was reasonably available, the Tribunal's reasons were adequate, and although the costs issue raised natural justice concerns, there was no real possibility that Comcare's proposed submission would have produced a different costs order.

Jurisdiction
Australia
Judgment Date
06 June 2003
Procedural Posture
Application by Way of Appeal on a Matter of Law Pursuant to S 44 of the Administrative Appeals Tribunal Act 1975 (cth) / Federal Court Appeal From a Decision of the Administrative Appeals Tribunal
Outcome
The application is dismissed.
Legal Topics
['permanent Impairment' 'safety, Rehabilitation & Compensation Act 1988 (cth)' 'administrative Appeals Tribunal Review' 'question of Law' 'adequacy of Reasons' 'costs' 'natural Justice']
['administrative Law' 'workers Compensation' 'military Compensation'] ['permanent Impairment' 'safety, Rehabilitation & Compensation Act 1988 (cth)' 'administrative Appeals Tribunal Review' 'question of Law' 'adequacy of Reasons' 'costs' 'natural Justice']

Case Brief

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Procedural Posture

Application by Way of Appeal on a Matter of Law Pursuant to S 44 of the Administrative Appeals Tribunal Act 1975 (cth) / Federal Court Appeal From a Decision of the Administrative Appeals Tribunal

Legal Issues

  1. 1 ["Whether there was no evidence to support the Tribunal's findings that Mr Moon's bilateral anterior compartment syndrome was caused by his Army service and that he had difficulty with grades and steps." 'Whether pain experienced during or after activity was relevant to assessing permanent impairment under Table 9.5 of the Guide.' "Whether the Tribunal's finding of a 10 per cent permanent impairment was so unreasonable that no reasonable Tribunal could have made it." 'Whether the Tribunal erred by ordering costs without inviting submissions.' 'Whether the Tribunal failed to give reasons as required by s 43(2) of the Administrative Appeals Tribunal Act 1975 (Cth).' 'Whether the Tribunal was empowered to revisit the earlier decision that Mr Moon had suffered a compensable injury.']

Ratio Decidendi

The application failed because the Tribunal did not impermissibly reopen the accepted compensable injury decision, and in any event there was evidence supporting its findings about the nature of the condition and Mr Moon's difficulty with grades and steps. Pain was not legally irrelevant to Table 9.5 where it was experienced during activity and reflected pathological change causing difficulty. The 10 per cent permanent impairment finding was reasonably available, the Tribunal's reasons were adequate, and although the costs issue raised natural justice concerns, there was no real possibility that Comcare's proposed submission would have produced a different costs order.

Court Disposition

The application is dismissed.

Orders

  • ['The application is dismissed.']