Bavcevic v Commonwealth [1957] HCA 67

Bavcevic v Commonwealth [1957] HCA 67

The medical board certificate was only conclusive as to the applicant's physical condition and fitness for employment at the time of examination, not as to the legal issue of whether incapacity was total; the applicant failed to discharge the burden of proving that his incapacity was total in the sense required by law, i.e., that he was an 'odd lot' worker for whom no suitable employment was available.

Parties
Applicant: Marian Fedilio Bavcevic; Respondent: The Commonwealth
Jurisdiction
Australia
Procedural Posture
Application for Special Leave to Appeal / Decision on Application for Enlargement of Time and Special Leave to Appeal
Outcome
Application for special leave to appeal dismissed.
Legal Topics
Commonwealth Employees' Compensation, Medical Board Certificates—conclusiveness, Total Incapacity Vs Residual Capacity, Onus of Proof in Compensation Claims, Interpretation of 'odd Lot' Doctrine
Compensation Law Administrative Law Commonwealth Employees' Compensation Medical Board Certificates—conclusiveness Total Incapacity Vs Residual Capacity Onus of Proof in Compensation Claims Interpretation of 'odd Lot' Doctrine

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 3 Authorities cited 21 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Marian Fedilio Bavcevic

Applicant

The Commonwealth

Respondent

Procedural Posture

Application for Special Leave to Appeal / Decision on Application for Enlargement of Time and Special Leave to Appeal

Legal Issues

  1. 1 Whether a medical board certificate is conclusive as to the total or partial nature of incapacity under the Commonwealth Employees' Compensation Act 1930-1954
  2. 2 Whether the applicant was totally incapacitated for work in the sense of being an 'odd lot' worker for whom no work was available

Ratio Decidendi

The medical board certificate was only conclusive as to the applicant's physical condition and fitness for employment at the time of examination, not as to the legal issue of whether incapacity was total; the applicant failed to discharge the burden of proving that his incapacity was total in the sense required by law, i.e., that he was an 'odd lot' worker for whom no suitable employment was available.

Court Disposition

Application for special leave to appeal dismissed.

Orders

  • No order as to costs.