Page v Telstra Corporation Ltd [2004] FCAFC 80

Page v Telstra Corporation Ltd [2004] FCAFC 80

Section 24(8)(a) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) applies to impairment constituted by the partial loss of use of a finger, and is not confined to total loss or amputation; the appellant’s claim for compensation for impairment to fingers falls within the exception to the ten per cent threshold.

Jurisdiction
Australia
Judgment Date
30 March 2004
Procedural Posture
Appeal / Appeal to Full Court From a Single Judge's Decision
Outcome
appeal allowed
Legal Topics
['compensation for Permanent Impairment' 'interpretation of Statutory Exemptions' 'assessment of Impairment Under Statutory Scheme']
["workers' Compensation" 'administrative Law'] ['compensation for Permanent Impairment' 'interpretation of Statutory Exemptions' 'assessment of Impairment Under Statutory Scheme']

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Procedural Posture

Appeal / Appeal to Full Court From a Single Judge's Decision

Legal Issues

  1. 1 ['whether partial loss of use of a finger is included within the scope of s 24(8)(a) of the Safety, Rehabilitation and Compensation Act 1988 (Cth)' 'whether the ten per cent threshold in s 24(7) applies to the applicant’s claim given impairment to fingers']

Ratio Decidendi

Section 24(8)(a) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) applies to impairment constituted by the partial loss of use of a finger, and is not confined to total loss or amputation; the appellant’s claim for compensation for impairment to fingers falls within the exception to the ten per cent threshold.

Court Disposition

appeal allowed

Orders

  • ['Leave granted to bring appeal out of time' 'Appeal allowed' 'AAT decision of 29 May 2002 set aside' 'Application for compensation remitted to AAT for determination in accordance with these reasons' "Respondent to pay appellant's costs of the appeal"]