Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v Nichols [1999] FCA 209 WORKERS' COMPENSATION – Commonwealth Government Employees' Compensation – appeal from Administrative Appeals Tribunal – cessation of compensation for incapacity – 1985 determination that repetitive strain injury work-related – claim insofar as based on cervical spondylosis not dealt with – 1996 finding that RSI ceased and that present condition caused by spondylosis but conflicting evidence whether spondylosis work-related – Tribunal setting aside determination to cease payments – onus of proof Safety Rehabilitation and Compensation Act 1988 (Cth) ss 4, 8, 14, 19, 61, 62, 124 Compensation (Commonwealth Government Employees) Act 1971 (Cth)
McDonald v Director-General of Social Security (1984) 1 FCR 354 applied The Commonwealth v Muratore (1978) 141 CLR 296 followed Cory Brothers & Co Ltd v Hughes [1911] 2 KB 738 cited Phillips v The Commonwealth (1964) 110 CLR 347 applied
COMCARE v DAWN LORRAINE NICHOLS NO. TG 23 of 1998 HEEREY J 31 MARCH 1999 HOBART
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY TG 23 of 1998
BETWEEN: COMCARE
Applicant
AND: DAWN LORRAINE NICHOLS
Respondent
JUDGE: HEEREY J
DATE OF ORDER: 31 MARCH 1999
WHERE MADE: HOBART
THE COURT ORDERS THAT: 1. The decision of the Administrative Appeals Tribunal dated 6 October 1998 is set aside. 2. The determination of Comcare dated 8 July 1996 ceasing Mrs Nichols' entitlement to compensation is affirmed. 3. The appeal is allowed with costs. 4. The cross- appeal is dismissed with costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY TG 23 of 1998
BETWEEN: COMCARE
Applicant
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