Martin v Australian Postal Corp [1999] FCA 655

FEDERAL COURT OF AUSTRALIA

Martin v Australian Postal Corp [1999] FCA 655

ADMINISTRATIVE LAW )

COMPENSATION ) – obligation of AAT to give reasons – error of law to make finding without evidence – failure to consider relevant matters – consideration of irrelevant matters – whether part of a permanent impairment was due to a constitutional disease – aggravation or acceleration of disease – whether finding of 10% permanent impairment could be made in the face of possibility that the natural progression of the disease would have overtaken the aggravation or acceleration – reference to history of workers' compensation as aid to construction – role of the "approved Guide" – whether it is "possible to isolate the compensable effects of an injury upon a pre-existing or underlying condition". Safety Rehabilitation and Compensation Act 1988 (Cwth), ss 4, 7(6), 24, 27, 28 Administrative Appeals Tribunal Act 1975 (Cwth), s 43(2), (2B) Secretary, Department of Social Security v Murphy (1998) 52 ALD 268 referred to Repatriation Commission v O'Brien (1985) 155 CLR 422 referred to Collins v Repatriation Commission (1980) 32 ALR 581 referred to Sullivan v Department of Transport (1978) 20 ALR 323 referred to Bowman v Repatriation Commission (1981) 34 ALR 556 referred to Dornan v Riordan (1990) 24 FCR 564 referred to Australian Postal Commission v Lucas (1991) 33 FCR 101 referred to Brackenreg v Comcare Australia (1995) 56 FCR 335 referred to Waldron v Comcare Australia (1995) 37 ALD 471 referred to Soldatow v Australia Council (1991) 28 FCR 1 referred to Farrelly v Minister for Immigration, Local Government and Ethnic Affairs (Hill J, unreported, 9 May 1991) referred to Anjum v Minister for Immigration and Ethnic Affairs (1998) 52 ALD 225 referred to Haidar v Secretary, Department of Social Security (1998) 52 ALD 255 referred to Salisbury v Australian Iron and Steel Ltd (1943) 44 SR(NSW) 157 applied The Darling Island Stevedoring and Lighterage Co. Limited v Hankinson (1967) 117 CLR 19 applied Zizzati Pty Limited v Ademoski (Handley, Sheller and Powell JJA, unreported, 7 April 1995) referred to McLaughlin & Co Pty Ltd v Brinnand [1965] WCR 112 referred to Casarotto v Australian Postal Commission (1989) 86 ALR 399 referred to Australian Telecommunications Corporation v Davis (1991) 30 FCR 467 referred to Brennan v Comcare (1994) 50 FCR 555 referred to Comcare v Bozicevic (1997) 144 ALR 132 referred to Comcare v Amorebieta (1996) 66 FCR 83 discussed Comcare v Levett (1995) 60 FCR 14 referred to