Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v Fiedler [2001] FCA 1810
WORKER'S COMPENSATION - entitlement for compensation for permanent impairment - Table 9.4 of the "Guide to the Assessment of the Degree of Permanent Impairment" - whether Administrative Appeals Tribunal made error of law in interpretation of Table 9.4 - meaning of "difficulty with digital dexterity" - no error of law - whether Tribunal's failure to make a finding with respect to s 24(2)(c) constituted an error of law - Tribunal entitled to infer, in the circumstances of the case, that Comcare had impliedly conceded that the respondent satisfied the criterion in s 24(2)(c) - no error of law - Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 24 and 28
Safety, Rehabilitation and Compensation Act 1988 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) Veterans' Entitlements Act 1986 (Cth) s 29
Peters and Australian Postal Corporation, AAT Decision 9680 disapproved Holmes and Comcare [2001] AATA 290 disapproved Whittaker v Comcare (1998) 86 FCR 532 applied Minister for Immigration & Multicultural Affairs v Yusuf [2001] HCA 30 considered Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 considered Kuswardana v Minister for Immigration and Ethnic Affairs (1981) 54 FLR 334 considered Perpetual Trustee Company (Canberra) Ltd v Commissioner for Australian Capital Territory Revenue (1994) 50 FCR 405 considered Eva Filla v Comcare [2001] FCA 964 distinguished
Guide to the Assessment of the Degree of Permanent Impairment Macquarie Dictionary, 3rd ed Oxford English Dictionary, 2nd ed COMCARE v ERROL WILLIAM FIEDLER Q 154 OF 2001
DRUMMOND, KIEFEL AND DOWSETT JJ BRISBANE 18 DECEMBER 2001
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 154 OF 2001
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
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