Golds v Comcare [1999] FCA 1481

Golds v Comcare [1999] FCA 1481

The applicant's depressive illness was not an 'injury' within the meaning of s 4(1) of the Safety, Rehabilitation and Compensation Act 1988 (Cth), as any relevant work factors causing or contributing to her condition were associated with failure to secure a promotion and therefore excluded under the statutory definition.

Jurisdiction
Australia
Judgment Date
28 October 1999
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['workers Compensation' 'failure to Obtain Promotion' 'definition of Injury Under S 4 Safety, Rehabilitation and Compensation Act 1988 (cth)']
['administrative Law'] ['workers Compensation' 'failure to Obtain Promotion' 'definition of Injury Under S 4 Safety, Rehabilitation and Compensation Act 1988 (cth)']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the applicant's depressive illness constituted an 'injury' under s 4 of the Safety, Rehabilitation and Compensation Act 1988 (Cth)" "Whether the applicant's failure to obtain a promotion is excluded from the definition of 'injury' for compensation purposes" "Whether the Administrative Appeals Tribunal misconceived the meaning of 'failure to obtain a promotion'"]

Ratio Decidendi

The applicant's depressive illness was not an 'injury' within the meaning of s 4(1) of the Safety, Rehabilitation and Compensation Act 1988 (Cth), as any relevant work factors causing or contributing to her condition were associated with failure to secure a promotion and therefore excluded under the statutory definition.

Court Disposition

Appeal dismissed

Orders

  • ['The application to extend time to appeal from the decision of the Administrative Appeals Tribunal is dismissed.' 'The substantive application is dismissed.' "The applicant pay the respondent's costs of and incidental to the applications, including reserved costs, if any, to be taxed if not agreed."]