McDonald v Department of Defence [1999] FCA 882

McDonald v Department of Defence [1999] FCA 882

The Act requires normal weekly earnings be calculated by reference to earnings in the two weeks prior to the injury, not prior to incapacity, and any increases under s 8(6) relate only to increments within the position held at the date of injury.

Jurisdiction
Australia
Judgment Date
01 July 1999
Procedural Posture
Extension of Time to Appeal From Administrative Appeals Tribunal Decision / Application for Extension of Time; Dismissal
Outcome
Application dismissed
Legal Topics
['calculation of Compensation' 'normal Weekly Earnings' 'relevant Period' 'application of Safety, Rehabilitation and Compensation Act 1988']
['workers Compensation'] ['calculation of Compensation' 'normal Weekly Earnings' 'relevant Period' 'application of Safety, Rehabilitation and Compensation Act 1988']

Case Brief

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Procedural Posture

Extension of Time to Appeal From Administrative Appeals Tribunal Decision / Application for Extension of Time; Dismissal

Legal Issues

  1. 1 ["Whether 'normal weekly earnings' should be calculated based on the employee's rate of pay in the period preceding injury or period preceding incapacity" 'Application of s 8 and s 8(6) of Safety, Rehabilitation and Compensation Act 1988 to compensation calculation']

Ratio Decidendi

The Act requires normal weekly earnings be calculated by reference to earnings in the two weeks prior to the injury, not prior to incapacity, and any increases under s 8(6) relate only to increments within the position held at the date of injury.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs of the application."]