Saliba, A. v. Comcare [1994] FCA 877

, JUDGMENT NO, samo DE. CATCHWORDS

ADMINISTRATIVE LAW - appeal against decision of Tribunal that certain injuries not work related - appeal on ground that Tribunal ignored the weight of the evidence

Administrative Appeals Tribunal Act 1975 (Cth) s 44

Collins v Minister for Immigration & Ethnic Affairs [1981] 36 ALRANTOINETTE SALIBA v_COMCARE

No. G 365 of 1993

FEDERAL COURT OF SYDNEY PRINGERG REGISTRY

18 NOVEMBER 1994

NEW SOUTH WALES DISTRICT REGISTRY ) No. G 365 of 1993 GENERAL DIVISION ) Between: ANTOINETTE SALIBA Applicant And: COMCARE Respondent MINUTE OF ORDERS

1. Application dismissed.

2. Applicant to pay the respondent's costs.

3. Motion for summary dismissal dismissed with no order as to costs.

Note: Settlement and entry of orders are dealt with in

accordance with Order 36 of the Federal Court Rules.

EINFELD J

SYDNEY

18 NOVEMBER 1994

NEW SOUTH WALES DISTRICT REGISTRY ) No. G 365 of 1993 GENERAL DIVISION ) Between: ANTOINETTE SALIBA Applicant And: COMCARE Respondent REASONS FOR JUDGMENT EINFELD J SYDNEY N ER 4

The applicant appeals from a decision of the Administrative Appeals Tribunal (the Tribunal) given on 13 May 1993 affirming a decision of a delegate of the respondent on 30 March 1992 to maintain an earlier decision on 11 November 1988 to terminate workers' compensation payments to the applicant on 10 November 1988 as a result of a fall at work on 17 November 1982. The applicant contends that she remained totally incapacitated for work after the cessation of her compensation to 24 February 1992 and that she has been partially incapacitated ever since.

The applicant was born in Lebanon on 16 June 1948 and migrated to Australia in 1969. She is married, though apparently separated on occasions, with 4 children. She commenced work with the Concord Repatriation Hospital as a hospital assistant on 18 March 1982. In July 1982, the applicant had 2 days off work as a result of an injury to her coccyx and left shoulder sustained