Trewin, Rosalie v Comcare [1998] FCA 713

Trewin, Rosalie v Comcare [1998] FCA 713

The applicant's injury arose as a result of the failure to obtain a permanent position, which the court held to be a 'benefit' under s 4 of the Safety, Rehabilitation and Compensation Act 1988 (Cth), and thus the injury was excluded from compensation.

Jurisdiction
Australia
Judgment Date
19 June 1998
Procedural Posture
Workers Compensation Appeal / Appeal From Administrative Appeals Tribunal
Outcome
Application dismissed
Legal Topics
['injury Definition Exclusion Failure to Obtain Benefit' "interpretation of 'benefit' Under Safety, Rehabilitation and Compensation Act 1988 (cth)"]
['administrative Law' 'workers Compensation Law'] ['injury Definition Exclusion Failure to Obtain Benefit' "interpretation of 'benefit' Under Safety, Rehabilitation and Compensation Act 1988 (cth)"]

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Procedural Posture

Workers Compensation Appeal / Appeal From Administrative Appeals Tribunal

Legal Issues

  1. 1 ["Whether applicant's injury was excluded as arising from 'failure by the employee to obtain a promotion, transfer or benefit in connection with her employment' under s 4 of the Safety, Rehabilitation and Compensation Act 1988 (Cth)" "Whether permanency constituted a 'benefit' within the statutory meaning"]

Ratio Decidendi

The applicant's injury arose as a result of the failure to obtain a permanent position, which the court held to be a 'benefit' under s 4 of the Safety, Rehabilitation and Compensation Act 1988 (Cth), and thus the injury was excluded from compensation.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.' "The applicant pay the respondent's costs of the application, including reserved costs."]