Secretary, Department of Employment and Workplace Relations v Comcare [2008] FCA 52

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Employment and Workplace Relations v Comcare [2008] FCA 52

WORKERS' COMPENSATION – entitlement to compensation – employment related injury, disease or disability – employment substantial or significant contributing factor – contributing factor in relation to disease or disease due to nature of employment – general principles. Held: Some aspect of employment must make actual contribution to ailment in question – an imagined contribution will not suffice – in this respect Wiegand v Comcare Australia (2003) 72 ALD 795 correctly decided – s 7(7) Safety, Rehabilitation and Compensation Act 1988 (Cth) to be construed in a manner favourable to claimants.

Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 7(7)

Wiegand v Comcare Australia (2003) 72 ALD 795 not followed in part Kay v Comcare [2006] AATA 50 cited Comcare v Canute (2005) 148 FCR 232 applied Comcare v Sahu-Khan (2007) 156 FCR 536 applied Treloar v Australian Telecommunications Commission (1990) 26 FCR 316 discussed Westgate v Australian Telecommunications Commission (1990) 17 FCR 235 cited SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS v COMCARE AND WENDY CAIRE ACD 29 OF 2006

MADGWICK J

8 FEBRUARY 2008

CANBERRA IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 29 OF 2006

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY SENIOR MEMBER JW CONSTANCE

BETWEEN: SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS

Applicant

AND: COMCARE

First Respondent

WENDY CAIRE

Second Respondent

JUDGE: MADGWICK J

DATE OF ORDER: 8 FEBRUARY 2008

WHERE MADE: CANBERRA

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The applicant is to pay the second respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA