Cooper v Comcare [2002] FCAFC 50; [2002] FCA 220

Cooper v Comcare [2002] FCAFC 50 Cooper v Comcare [2002] FCA 220

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation.

* All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series.

* All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

Cooper v Comcare [2002] FCA 220

WORKERS COMPENSATION – Commonwealth employees compensation – Appellant (a former employee of Commonwealth) was receiving compensation in respect of an injury at 1 December 1977, the date of commencement of the 1988 Act – Appellant turned 65 in December 2000 – Compensation payments then reduced by 65% - Claim that compensation payable in December 2000 related to a different injury than that occasioning compensation at 1 December 1988 – Whether appellant was a "former employee" within the definition in s 123 of 1988 Act – Meaning of "an injury resulting in an incapacity" – Discussion of effect of transitional provisions of Act. Safety, Rehabilitation and Compensation Act 1988: ss 19, 23, 123, 132, 134 JAMES COOPER v COMCARE W 371 of 2001 BLACK CJ, WILCOX and MOORE JJ 8 MARCH 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W371 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: JAMES COOPER

APPELLANT

AND: COMCARE