Fazlic, S. v. Milingimbi Community Inc [1980] FCA 154

CATCHWO RDS

Workers' compensation - Refusal of workman to submit to

surgery - Fear of surgery - Unreasonableness of refusal -

Workmen's Compensation Act 1943 (Northern Territory).

SALIH FAZLIC v. MILINGIMBI COMMUNITY INC.

No. NTG 13 of 1980.

Coram : Brennan, Toohey & Fisher JJ.

Date : 3 November 1980.

IN THE FEDERAL COURT OF AUSTRALIA

) )

NORTHERN TERRITORY DISTRICT REGISTRY } No. NTG 13 of 1980 )

GENERAL DIVISION

ON APPEAL FROM THE SUFREME COURT OF THE NORTHERN TERRITORY OF ALSTPALTA

BETWEEN : SALIH FAZLIC Appellant AND : MILINGIMBI COMMUNITY INC. Respondent ORDER

JUDGES MAKING ORDER 3 Brennan, Toohey and Fisher Jc.

DATE OF ORDER : 3 November 1989.

WHERE MADE : Sydney

THE COURT ORDERS THAT

1. The appeal be dismissed.

2. The appellant pay the respondent's costs.

IN THE FEDERAL COURT OF AUSTRALIA

)

) NORTHERN TERRITORY DISTRICT REGISTRY No. NTG 13 of 1980 )

GENERAL DIVISION

ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA

BETWEEN : SALIH FAZLIC Appellant AND : MILINGIMBI COMMUNITY INC. Respondent

CORAM : Brennan, Toohey and Fisher JJ,

3 November 1980.

THE COURT : This is an appeal by a workman who suffered an injury

compensable under the provisions of the Workmen's Compensation Act

1949 (Northern Territory). He suffered a back strain in the course of his employment which resulted in the protrusion of an inter-vertebral disc with consequential interference with nerve roots, sciatica and the diminution of function of the right leg. He was given competent medical advice that he shoula submit to surgery to remove the disc, that the operation nad a substantial chance of success and that the operation had an even greater chance of effecting some improvement. 'The workman's own surgeon was well qualified to perform the operation in Darwin. But the workman refused to have the operation because of a real fear of