Comcare v Miles [1995] FCA 234

Comcare v Miles [1995] FCA 234

Where a compensable injury predates the Safety, Rehabilitation and Compensation Act 1988 but falls under its transitional provisions, the Tribunal must determine that permanent impairment meets the ten percent threshold per s24(7) before compensation is payable under the previous s39 formula of the 1971 Act, and is entitled to exercise judgment in assessing impairment percentage.

Jurisdiction
Australia
Judgment Date
13 April 1995
Procedural Posture
Appeal / Judgment After Hearing on Appeal From Administrative Appeals Tribunal
Outcome
Appeal dismissed; cross-appeal on costs allowed
Legal Topics
['permanent Impairment' 'transitional Provisions' 'compensation Calculation' 'evidence Assessment' 'costs Orders']
['workers Compensation'] ['permanent Impairment' 'transitional Provisions' 'compensation Calculation' 'evidence Assessment' 'costs Orders']

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Procedural Posture

Appeal / Judgment After Hearing on Appeal From Administrative Appeals Tribunal

Legal Issues

  1. 1 ['Whether the Tribunal was required to find percentage impairment for the purposes of s24(7) before proceeding under s39 of the Compensation (Commonwealth Government Employees) Act 1971' 'Whether the Tribunal was entitled to consider only liability post-compensation cessation or required to consider permanent impairment at the time and thereafter' "Whether the Tribunal's approach involved error of law"]

Ratio Decidendi

Where a compensable injury predates the Safety, Rehabilitation and Compensation Act 1988 but falls under its transitional provisions, the Tribunal must determine that permanent impairment meets the ten percent threshold per s24(7) before compensation is payable under the previous s39 formula of the 1971 Act, and is entitled to exercise judgment in assessing impairment percentage.

Court Disposition

Appeal dismissed; cross-appeal on costs allowed

Orders

  • ['Application dismissed.' "Applicant to pay the respondent's costs of the application." "On the cross-appeal, the decision of the Tribunal be set aside so far as no order was made as to costs and in lieu thereof it be ordered that the applicant, Comcare, pay Ms Miles' costs of the proceedings before the Tribunal as...