Woodhouse v Comcare [2021] FCAFC 95

Federal Court of Australia

Woodhouse v Comcare [2021] FCAFC 95 Review of: Application for judicial review of the Administrative Appeals Tribunal decision delivered on 20 July 2020 by Member D K Grigg

File number(s): QUD 264 of 2020

Judgment of: COLLIER, RANGIAH AND DERRINGTON JJ

Date of judgment: 7 June 2021

Catchwords: WORKERS' COMPENSATION – appeal from Administrative Appeals Tribunal – whether employee suffered "disease" within meaning of s 4(1) of Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether employment must continue to contribute to ailment to a material degree – whether employee entitled to compensation pursuant to ss 14 or 16 in respect of injury that has resolved – whether entitlement to compensation pursuant to s 19 is dependent on entitlement to compensation pursuant to s 14 – appeal dismissed

Words and Phrases: "disease", "injury"

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 14, 16, 19

Cases cited: Australian Postal Corp v Oudyn (2003) 73 ALD 659; [2003] FCA 318 Australian Securities Commission v Marlborough Gold Mines Ltd (1993) 177 CLR 485; [1993] HCA 15 CAL No 14 Pty Ltd v Motor Accidents Insurance Board (2009) 239 CLR 390; [2009] HCA 47 Clement and Comcare [2010] AATA 296 Clement v Comcare [2012] FCA 166 Comcare v Laidlaw (1999) FCR 141; [1999] FCA 40 Comcare v Porter (1996) 70 FCR 139; [1996] FCA 562 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Bay Street Appeal) [2020] FCAFC 192 Farah Constructions Pty Ltd v Say‑Dee Pty Ltd (2007) 230 CLR 89; [2007] HCA 22 Garcia v National Australia Bank Limited (1998) 194 CLR 395; [1998] HCA 48 Glencore Coal Assets Australia Pty Ltd v Australian Competition Tribunal [2020] FCAFC 145 Lees v Comcare (1999) ALD 84; [1999] FCA 753 Queensland v Forest (2008) 168 FCR 532; [2008] FCAFC 96