Commonwealth of Australia v Dare, K.J. [1986] FCA 297

Commonwealth of Australia v Dare, K.J. [1986] FCA 297

The respondent’s exposure to cold during his employment was a contributing factor aggravating his cold urticaria, which, by section 29 of the Act, is deemed a personal injury. The partial incapacity resulting from this aggravation entitles him to compensation under section 46.

Parties
Appellant: The Commonwealth of Australia; Respondent: Keith John Dare
Jurisdiction
Australia
Judgment Date
24 July 1986
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Compensation Liability, Disease Aggravation, Employment Contribution
Commonwealth Employees Compensation Compensation Liability Disease Aggravation Employment Contribution

Case Brief

Summary, issues, holding and outcome

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Parties

The Commonwealth of Australia

Appellant

Keith John Dare

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Commonwealth is liable to pay compensation for partial incapacity resulting from aggravation of cold urticaria.
  2. 2 Whether the employment was a contributing factor to the aggravation of cold urticaria.

Ratio Decidendi

The respondent’s exposure to cold during his employment was a contributing factor aggravating his cold urticaria, which, by section 29 of the Act, is deemed a personal injury. The partial incapacity resulting from this aggravation entitles him to compensation under section 46.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs.