Wurzel, Joseph v Commonwealth of Australia [1977] FCA 95

aa

"Q6|19779

CATCHWORDS

Employees' Compensation - Injury out of and in the

Course of employment - Chronic paranoid hypochondria aggravated by injury -— Appeal from the Commonwealth Employees! Compensation Tribunal - Concession by Counsel ~ Commonwealth Employees Compensation Act 1930 ss. 4,8 and 9.Compensation (Australian Government Employees) Act 1971

SS. 27,29,30,95 and 104.

Joseph Wurzel v. The Commonwealth of Australia

No. VG 54 of 1977

Coram: Smithers, J. Place: Melbourne

Date ; 12th December 1977.

COMMONWEALTH hw THE FEDERAL COURT

OF _AUSTRALTA 'GENERAL DIVISTON

MEMBER OF THE BENCH:

ORDER. OF THE COURT:

OF _ AUSTRALIA

No,

VG 54 of 1977

ON APPEAL from the Commonwealth Employees! Compensation Tribunal

Between -

JOSEPH WURZEL

And -

1. 2.

Appellant

THE COMMONWEALTH OF AUSTRALIA

Respondent

SMITHERS, J.

That the appeal be allowed.

(a)

(b)

That the question of quantum

of compensation be adjourned and the matter be remitted to the Delegate of the Commissioner for Employees' Compensation for determination, liberty being reserved to the appellant to apply in respect of that determination;

that it is directed that before the determination is finally made the appellant be informed of the basis of calculation proposed to be adopted and the sum payable in accordance there- with and the appellant afforded an opportunity to make sub- missions in relation thereto.

That the Delegate of the Commissioner

for Employees' Compensation proceed

upon the basis that the condition of

chronic paranoid hypochondria existing ..

before 20th February 1968 was

aggravated and accelerated by injury

suffered by the appellant to the thenar portion of his hand on 20th February 1968 and that that injury

arose by accident arising out of and

in the course of the appellant's

DATE:

employment and that it was that injury which aggravated and accelerated the said condition of chronic paranoid hypochondria and that thereby the appellant was incapacitated for employment and that the appellant is entitled to compensation accordingly.