Hoyle, Nancy Dorothea v Telstra Corp Ltd Razmovski, Alexander v Telstra Corp Ltd [1997] FCA 527

Hoyle, Nancy Dorothea v Telstra Corp Ltd Razmovski, Alexander v Telstra Corp Ltd [1997] FCA 527

Absent a finding that appellants had ceased to be totally incapacitated for work, sections 124(3) and 124(4) of the Safety Rehabilitation and Compensation Act 1988 (Cth), in conjunction with section 39(14) of the Compensation (Commonwealth Government Employees) Act 1971 (Cth), preclude entitlement to lump sum compensation for permanent impairment occurring before the Commencement Day. There being no such finding, the appeals were dismissed and no compensation is payable.

Jurisdiction
Australia
Judgment Date
17 June 1997
Procedural Posture
Appeal / Full Court (decision on Appeal From Sackville J, Federal Court)
Outcome
Appeals dismissed
Legal Topics
['commonwealth Employees' 'permanent Impairment' 'transitional Provisions' 'lump Sum Compensation' 'incapacity for Work']
["workers' Compensation" 'statutory Interpretation'] ['commonwealth Employees' 'permanent Impairment' 'transitional Provisions' 'lump Sum Compensation' 'incapacity for Work']

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 / Full Court (decision on Appeal From Sackville J, Federal Court)

Legal Issues

  1. 1 ['Whether liability is excluded by section 124(3) or 124(4) of the Safety Rehabilitation and Compensation Act 1988 (Cth) in relation to pre-commencement permanent impairment' 'Whether section 39(14) of the Compensation (Commonwealth Government Employees) Act 1971 (Cth) applies via transitional provisions to prevent lump sum payments to totally incapacitated workers']

Ratio Decidendi

Absent a finding that appellants had ceased to be totally incapacitated for work, sections 124(3) and 124(4) of the Safety Rehabilitation and Compensation Act 1988 (Cth), in conjunction with section 39(14) of the Compensation (Commonwealth Government Employees) Act 1971 (Cth), preclude entitlement to lump sum compensation for permanent impairment occurring before the Commencement Day. There being no such finding, the appeals were dismissed and no compensation is payable.

Court Disposition

Appeals dismissed

Orders

  • ['Orders of Sackville J as to costs set aside, substituted order that parties bear their own costs at first instance' 'Appeal otherwise dismissed' 'Appellants to pay costs of the appeal']