Bowman v Comcare Australia [2000] FCA 88

FEDERAL COURT OF AUSTRALIA

Bowman v Comcare Australia [2000] FCA 88

WORKERS COMPENSATION – Commonwealth employee's compensation – Condition of sinusitis and bronchial asthma – Finding by Administrative Appeals Tribunal that condition not caused or contributed to by his employment – Alternative claim that condition was temporarily aggravated, from time to time, by employment – Tribunal negatived permanent aggravation but made no express reference to temporary aggravation – Whether Tribunal erred in law – Whether there was evidence before Tribunal of probability of temporary aggravation – Whether applicant put a case of temporary aggravation – Whether Tribunal's findings covered temporary aggravation. Safety, Rehabilitation and Compensation Act 1988, s4 Administrative Appeals Tribunal Act 1975, s44 GRAEME LESLIE BOWMAN v COMCARE AUSTRALIA No. 991 of 1999 WILCOX J SYDNEY 11 FEBRUARY 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. 991 of 1999

ON APPEAL FROM A SENIOR MEMBER OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: GRAEME LESLIE BOWMAN

Applicant

AND: COMCARE AUSTRALIA

Respondent

JUDGE: WILCOX J

DATE OF ORDER: 11 FEBRUARY 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be allowed and the decision of the Administrative Appeals Tribunal of 10 August 1999 be set aside. 2. The matter be remitted to the Tribunal for further consideration and determination of the question whether the applicant sustained any incapacity or compensable loss as a result of temporary aggravation of his chronic condition of sinusitis and mild bronchial asthma by his employment by the Commonwealth of Australia. 3. The respondent pay to the applicant his costs of this application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.