Campione, Guiseppe v Australian Telecommuniations Commission [1984] FCA 404

4 O 4 CATCHWORDS

Workers' Compensation - Appeal from Administrative Appeals Tribunal - Degeneration of spine - Series of incidents resulting in incapacity for which compensation awarded - Further incident not in course of duty resulting in further incapacity and eventual retirement - Whether earlier incidents aggravated or accelerated underlying organic defect or merely temporary aggravation of pre-existing condition - Whether Tribunal "preoccupied" with medical

evidence.

Compensation (Commonwealth Government Employees) Act 1971 s.27, 29

GUISEPPE CAMPIONE Vv. AUSTRALIAN | TELECOMMUNICATIONS COMMISSTON

No. VG172 of 1983

CORAM: Sweeney, Fisher and Neaves JJ. 23 November 1984

Melbourne

IN THE FEDERAL COURT OF AUSTRALIA ) )

VICTORIA DISTRICT REGISTRY' "7" +")

) GENERAL DIVISTON >

No. VG172 of 1983

ON APPEAL FROM THE ADMINISTRATIVE

APPEALS TRIBUNAL.

BETWEEN: GUISEPPE CAMPIONE

Applicant

AND

oo

AUSTRALIAN TELECOMMUNICATIONS

COMMISSION

Respondent

JUDGES MAKING ORDER: Sweeney, Fisher and Neaves JJ.

DATE OF ORDER: 23 November 1984 WHERE MADE: Melbourne

THE COURT ORDERS THAT -

1. The appeal be dismissed

2. The applicant pay the respondent's costs of the

appeal.

IN_THE FEDERAL COURT OF AUSTRALIA ) )

VICTORIA DISTRICT REGISTRY ) No. VG172 of 1983 )

GENERAL DIVISION )

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL.

BETWEEN: GUISEPPE CAMPIONE Applicant

AND: AUSTRALIAN TELECOMMUNICATIONS COMMISSION

Respondent

Coram: Sweeney, Fisher and Neaves JJ. Place: Melbourne Date : 23 November 1984

REASONS FOR JUDGMENT THE COURT:

On 26 November 1979 a delegate of the Commissioner for Employees' Compensation (the Commissioner) made a determination (the determination) that the back condition suffered by Guiseppe Campione (®he applicant) on 24 December 1978 was not the result of any injury or disease, or any aggravation, acceleration or recurrence of either, for which