Johnston, Peggy Iris v Commonwealth of Australia [1979] FCA 44

Johnston, Peggy Iris v Commonwealth of Australia [1979] FCA 44

The appeal was dismissed because there was evidence on which the Tribunal could find that from 1970 the deceased suffered from carcinoma of the bowel or a pre-cancerous condition, that ordinary competent medical examination at Vung Tau Hospital probably would have detected it, and that detection and treatment would have prolonged his life. The Commonwealth employment contributed to the aggravation of the disease by leading him to the inadequate service medical treatment and by contributing to his failure to obtain other proper medical advice. The transitional provision in s.104(2) did not preclude compensation because the relevant claim was in respect of aggravation, and symptoms of the...

Jurisdiction
Australia
Judgment Date
10 May 1979
Procedural Posture
Commonwealth Employees' Compensation Appeal / Appeal From a Decision of the Commonwealth Employees' Compensation Tribunal
Outcome
Appeal dismissed.
Legal Topics
["commonwealth Employees' Compensation" 'disease Aggravation' 'causation' 'dependency Compensation' 'transitional Provisions']
['workers Compensation' 'administrative Law'] ["commonwealth Employees' Compensation" 'disease Aggravation' 'causation' 'dependency Compensation' 'transitional Provisions']

Case Brief

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Procedural Posture

Commonwealth Employees' Compensation Appeal / Appeal From a Decision of the Commonwealth Employees' Compensation Tribunal

Legal Issues

  1. 1 ["Whether there was sufficient evidence to justify the Tribunal's findings that Andrew Scott Johnston was suffering from carcinoma of the bowel or a pre-cancerous condition from 1970 and that adequate medical examination would probably have detected it." 'Whether employment by the Commonwealth was a contributing factor to the aggravation of the disease within s.29 of the Compensation (Australian Government Employees) Act 1971.' 'Whether compensation was precluded by s.104(2) because the relevant aggravation occurred or symptoms first became apparent before the proclaimed date.']

Ratio Decidendi

The appeal was dismissed because there was evidence on which the Tribunal could find that from 1970 the deceased suffered from carcinoma of the bowel or a pre-cancerous condition, that ordinary competent medical examination at Vung Tau Hospital probably would have detected it, and that detection and treatment would have prolonged his life. The Commonwealth employment contributed to the aggravation of the disease by leading him to the inadequate service medical treatment and by contributing to his failure to obtain other proper medical advice. The transitional provision in s.104(2) did not preclude compensation because the relevant claim was in respect of aggravation, and symptoms of the...

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondent's taxed costs of the appeal."]