Telstra Corporation Ltd v. Barrow, S.C. [1994] FCA 820

JUDGMENT NO. soo? 2 Oval scat Loe

AT HW RD

EMPLOYEES COMPENSATION - employee suffering cervical spondylosis - employee suffered injury in the course of his employment between 1983 and 1985 - employee injured in motor car accident occurring on his periodic journey in 1987 - employee recovers damages at common law in respect of injuries suffered in motor accident but claim for damages for cervical spondylosis made therein rejected by trial judge - subsequent medical opinion reveals that cervical spondylosis caused by motor accident - employee's claim for compensation determined by employer prior to new medical opinion - appeal by employee to Administrative Appeals Tribunal - claim based on injuries suffered in motor accident in 1987 on employee's periodic journey maintained before Tribunal notwithstanding the matter not dealt with by delegate who decided the claim for compensation - whether Tribunal had jurisdiction to permit employee to rely on new evidence and claim compensation in respect of the 1987 injury.

Safety Rehabilitation and Compensation Act 1988, ss.4, 14, 54, 60, 61, 62, 63, 64, 69, 72

Administrative Appeals Tribunal Act 1975, s.43

Telstra rporation Limited v Stephen Charles B Ow

lo, W 73 of 1994

CORAM: SHEPPARD, GUMMOW and LEE JJ PLACE: PERTH RECEIVED DATE: 21 OCTOBER 1994 ~7 NOV 1994 FEDERAL COURT OF AUSTRALIA . PRINCIPAL / REGISTRY

RTS

IN THE FEDERAL COURT OF AUSTRALIA ) WESTERN AUSTRALIA DISTRICT REGISTRY ) No. WAG 73 of 1994 GENERAL DIVISION )

DGE OF DE. R FA I BETWEEN: TELSTRA CORPORATION LIMITED - Applicant AND: STEPHEN CHARLES BARROW - Respondent M E F_ORDER; CORAM: SHEPPARD, GUMMOW AND LEE JJ PLACE: PERTH DATE: 21 OCTOBER 1994 ERS THAT : - 1. The appeal be dismissed. 2. The respondent pay to the applicant his costs of the

appeal.

NOTE: Settlement and entry of orders is dealt with in Order . 36 of the Federal Court Rules.