Farrell v Comcare [2015] FCA 1337

Farrell v Comcare [2015] FCA 1337

The Tribunal erred by failing to make an express finding as to whether Ms Farrell’s impairment constituted a permanent impairment pursuant to the Act, and by applying Tables 9.9.1a and 9.9.1b of the Guide to assess degree of impairment for a condition those tables were not suited to, rather than directing assessment under the AMA Guidelines as required by the Guide when an impairment cannot be assessed by the tables.

Jurisdiction
Australia
Judgment Date
30 November 2015
Procedural Posture
Appeal / Determination of Appeal From Administrative Appeals Tribunal
Outcome
Appeal allowed
Legal Topics
['employee Compensation' 'permanent Impairment Assessment' 'statutory Construction' 'interpretation of Statutory Guides']
['administrative Law'] ['employee Compensation' 'permanent Impairment Assessment' 'statutory Construction' 'interpretation of Statutory Guides']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Determination of Appeal From Administrative Appeals Tribunal

Legal Issues

  1. 1 ['Whether the Tribunal failed to make a finding as to permanent impairment within s 24(1) of the Safety, Rehabilitation and Compensation Act 1988 (Cth)' 'Whether the Tribunal erred in assessing the degree of permanent impairment using Tables 9.9.1a and 9.9.1b of the Guide instead of referring the assessment to the AMA Guidelines as required when a condition cannot be assessed under the tables']

Ratio Decidendi

The Tribunal erred by failing to make an express finding as to whether Ms Farrell’s impairment constituted a permanent impairment pursuant to the Act, and by applying Tables 9.9.1a and 9.9.1b of the Guide to assess degree of impairment for a condition those tables were not suited to, rather than directing assessment under the AMA Guidelines as required by the Guide when an impairment cannot be assessed by the tables.

Court Disposition

Appeal allowed

Orders

  • ['The appeal is allowed.' 'The matter is remitted to the Administrative Appeals Tribunal for reconsideration in accordance with law.' 'The Respondent is to pay the costs of the appeal.']