Australian Postal Corp v Burch, Simon John [1998] FCA 944

FEDERAL COURT OF AUSTRALIA WORKERS' COMPENSATION – employee suffering stroke while at work – whether injury WORDS AND PHRASES – "injury" – "disease" Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 14 Kavanagh v The Commonwealth (1986) 163 CLR 547 applied Accident Compensation Commission v McIntosh [1991] 2 VR 253 applied Zickar v MGH Plastic Industries Pty Ltd (1996) 187 CLR 310 mentioned Hume Steel Ltd v Peart (1947) 75 CLR 242 applied

AUSTRALIAN POSTAL CORPORATION v SIMON JOHN BURCH NO. VG 66 of 1998 JUDGES: HEEREY, SUNDBERG and NORTH JJ DATE: 5 AUGUST 1998 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 66 of 1998

BETWEEN: AUSTRALIAN POSTAL CORPORATION

APPELLANT

AND: SIMON JOHN BURCH

Respondent

JUDGES: HEEREY, SUNDBERG and NORTH JJ

DATE OF ORDER: 5 AUGUST 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: The appeal be dismissed with costs including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 66 of 1998

BETWEEN: AUSTRALIAN POSTAL CORPORATION

APPELLANT

AND: SIMON JOHN BURCH

Respondent

JUDGES: HEEREY, SUNDBERG AND NORTH JJ

DATE: 5 AUGUST 1998

PLACE: MELBOURNE

REASONS FOR JUDGMENT

THE COURT: On 29 September 1994, while working in the course of his employment at the Malvern Post Office, the respondent Simon John Burch was carrying a bundle of letters. Some of the letters slipped out of the bundle and fell onto the floor. Mr Burch bent down to pick them up. After about 15 seconds, while still crouched down, he fell sideways, hitting his head on a metal bracket, and collapsed on the floor. He was immediately admitted to hospital and found to have suffered a right middle cerebral artery occlusion. As a consequence he suffered what is popularly referred to as a stroke, that is to say an interference with the blood supply to the brain and resultant loss of oxygen and destruction of brain tissue. Mr Burch suffered incapacity and claimed compensation under s 14(1) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (the Act). This claim was rejected by the appellant. Mr Burch successfully appealed to the Administrative Appeals Tribunal (the Tribunal). The appellant's appeal to this Court was dismissed by Northrop J. The appellant now appeals to the Full Court.