Commonwealth of Australia v. Whillock, R.B. [1983] FCA 183

CATCHWORDS Workers' Compensation - compensation of Commonwealth Government employee - death due to heart failure - Workman suffering from coronary artery disease - whether thrombosis

or myocardial necrosis supervening on coronary artery disease as an "injury" within s.27 of Compensation (Commonwealth Government Employees) Act 1971 - whether thrombosis or myocardial necrosis if an aggravation of the disease is an

injury within s.27 when occurring in circumstances referred

to in s.29 of the Act.

Compensation (Commonwealth Government Employees) Act 1971

ss.27 and 29.

COMMONWEALTH OF AUSTRALIA v. REGINA BETON WHILLOCK

No. G94 of 1982

Smithers, St. John and Northrop JJ.

24 June 1983

Sydney.

: Lb OF 40374 La PUP tay

BrGistey

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

) ) ) No. G.94 of 1982 ) )

ON APPEAL FROM THE WORKERS COMPENSATION COMMISSION OF

NEW SOUTH WALES

Between: THE COMMONWEALTH OF

AUSTRALIA

(Applicant)

And: REGINA BETON WHILLOCK

(Respondent)

Judges: Smithers, St. John and Northrop JJ. Date of Order: 24 June 1983. Where Made: Sydney. ORDER THE COURT ORDERS : (a) In respect of the appeal herein,

(i) That the appeal be allowed.

(ii) That the

decision of the

Workers'

2.

Compensation Commission of New South Wales

of 7 May 1982 be set aside.

(iii) That the matter be remitted to the Workers' Compensation Commission of New South Wales for re-determination in accordance with the directions of the Federal Court of Australia to consider the matter in relation to s.29 of the Compensation (Commonwealth Government Employees) Act 1971 and the applicability of that section to the provisions of s.27(1)