Petkoska, Vesela v Kennedy Cleaning Services Pty Ltd [1998] FCA 1289

FEDERAL COURT OF AUSTRALIA

WORKERS' COMPENSATION – "Injury"- Employee suffered occlusion of cerebral artery followed by stroke in course of employment – Occlusion related to diseased heart valve – Whether incapacity of employee resulted from an "injury" or the progress of a disease – Whether "injury" requires rupture or breaking of tissue – Whether incapacity resulting from sudden physiological change or the progress of a disease constitutes "injury" – Whether inclusive statutory definitions of "injury" should be read to exclude diseases other than those stated within the definition – Workers' Compensation Act 1951 (ACT), ss 6(1), 7(1). Workers' Compensation Act 1951 (ACT), ss6(1), 7(1) Safety, Rehabilitation and Compensation Act 1988 (Cth), s4(1) Compensation (Commonwealth Government Employees) Act 1971 (Cth), s5 Kavanagh v The Commonwealth (1960) 103 CLR 547, considered Zickar v MGH Plastic Industries Pty Ltd (1996) 187 CLR 310, approved and followed Australian Postal Corporation v Burch (1998) 156 ALR 483 at 486-488, followed Slazengers (Australia) Pty Ltd v Ivy Phyllis Eileen Burnett [1951] AC 13, disapproved Peart v Hume Steel Ltd (1947) 47 SR (NSW) 384, considered Hume Steel Ltd v Peart (1947) 75 CLR 242, considered Darling Island Stevedoring & Lighterage Co Ltd v Hussey (1959) 102 CLR 482, disapproved Hockey v Yelland and Others (1984-85) 157 CLR 124, disapproved Accident Compensation Commission v McIntosh [1991] 2 VR 253, at 257, 262, approved and followed Re Williams and Australian and Overseas Telecommunications Corporation (1993) 17 AAR 308, considered Re Lott and Comcare (1996) 44 ALD 741, considered Smith v Attorney-General (1994) 4 TasSR 298, considered Health Insurance Commission v Van Reesch and Another (1996) 45 ALD 302, applied Commonwealth of Australia v Whillock (1983) 48 ALR 433 at 450-451, per Northrop J, (dissenting), applied ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY VESELA PETKOSKA v KENNEDY CLEANING SERVICES PTY LIMITED AG 90 of 1997 JUDGES: HIGGINS, FINN AND MERKEL JJ PLACE: CANBERRA DATE: 12 OCTOBER 1998