Re Heath, Ronald John [1981] FCA 139

Re Heath, Ronald John [1981] FCA 139

Where an injury results in a permanent loss described in s.39, and the Commissioner determines the relevant facts exist, the Commissioner is bound to make a determination under s.39, bringing to an end any entitlement to weekly payments for partial incapacity (s.46) in respect of that injury, even if partial...

Source-derived case information.

Parties
Applicant: Ronald John Heath; Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
19 August 1981
Procedural Posture
Stated Case (special Case) From County Court of Victoria Concerning Compensation Determination / Appeal/review of Compensation Determination; Reference of Questions of Law
Outcome
Appeal dismissed / Questions answered in favour of the Commonwealth (Commissioner)
Legal Topics
Compensation (commonwealth Government Employees) Act 1971, Weekly Payments, Redemption by Lump Sum, Partial Incapacity, Powers of Commissioner, Statutory Construction
Compensation Law Administrative Law Compensation (commonwealth Government Employees) Act 1971 Weekly Payments Redemption by Lump Sum Partial Incapacity Powers of Commissioner Statutory Construction

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Parties

Ronald John Heath

Applicant

Commonwealth of Australia

Respondent

Procedural Posture

Stated Case (special Case) From County Court of Victoria Concerning Compensation Determination / Appeal/review of Compensation Determination; Reference of Questions of Law

Legal Issues

  1. 1 Whether the Commissioner can determine a lump sum under s.39 despite ongoing partial incapacity and in consequence, bring to an end weekly payments for partial incapacity under s.46.
  2. 2 Whether the applicant is entitled both to a lump sum under s.39 and to weekly payments for partial incapacity for the same injuries.
  3. 3 Whether the Commissioner can refuse a redemption request under s.49 once a determination under s.39 has been made.

Ratio Decidendi

Where an injury results in a permanent loss described in s.39, and the Commissioner determines the relevant facts exist, the Commissioner is bound to make a determination under s.39, bringing to an end any entitlement to weekly payments for partial incapacity (s.46) in respect of that injury, even if partial incapacity continues. Redemption by lump sum under s.49 is precluded after such determination.

Court Disposition

Appeal dismissed / Questions answered in favour of the Commonwealth (Commissioner)

Orders

  • The questions of law are answered as follows: (1) Only the amount prescribed by s.39 was payable, not both that and weekly payments for partial incapacity; (2) It was open to the Commissioner to determine compensation as per s.39; (3) The s.39 determination brought to an end entitlement under s.46 for weekly...
  • If the respondent seeks costs, application to be made in writing; procedure for opposition set out.