Comcare v Filla [2002] FCAFC 61; [2002] FCA 286

Comcare v Filla [2002] FCAFC 61 Comcare v Filla [2002] FCA 286

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

Comcare v Filla [2002] FCA 286

ADMINISTRATIVE LAW – whether the primary judge erred in law in misconstruing the interpretation of s 24(1) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – permanent impairment – mitigation of damages – whether the unreasonable refusal of treatment disentitles the worker to worker's compensation payment – whether reasonable rehabilitative treatment exists for the particular impairment, the permanence of which is under consideration, having regard to the circumstances of the case and whether the employee has undertaken all of it Safety, Rehabilitation and Compensation Act 1988 (Cth), s 24 Federal Court of Australia Act 1976 (Cth), s 24

Driclad Pty Ltd v Federal Commissioner of Taxation (1966-1968) 121 CLR 45 Fazlic v Milingimbi Community Inc (1981-1982) 150 CLR 345 COMCARE AUSTRALIA v EVA FILLA No N 1195 of 2001 SPENDER, R.D. NICHOLSON, NORTH JJ BRISBANE (heard in Sydney) 19 MARCH 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1195 OF 2001