Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Broadhurst v Comcare [2010] FCA 1034 Citation: Broadhurst v Comcare [2010] FCA 1034
Appeal from: Broadhurst and Comcare [2010] AATA 251
Parties: KAREN BROADHURST v COMCARE
File number: ACD 16 of 2010
Judge: BUCHANAN J
Date of judgment: 22 September 2010
Catchwords: ADMINISTRATIVE LAW – compensation for injuries - notion of whole person impairment – obligation to pay compensation in the event of a 10% degree of permanent impairment – not open for the purpose of deciding whether an entitlement to compensation exists for the Guide to the Assessment of the Degree of Permanent Impairment to effectively direct that a choice be made only between 8% or 13% degrees of permanent impairment – use of the American Medical Association's Guides to the Evaluation of Permanent Impairment
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 42D, 43(1), 44 Safety Rehabilitation and Compensation Act 1988 (Cth) ss 4, 5A(1)(b), 14(1), 24, 28
Cases cited: Canute v Comcare (2006) 226 CLR 535 Comcare v Kay (1997) 26 AAR 124 Comcare v Ticsay (1992) 38 FCR 181 Fellowes v Military Rehabilitation and Compensation Commission (2009) 240 CLR 28 Parker v Military Rehabilitation and Compensation Commission [2007] FCA 1161 Whittaker v Comcare (1998) 86 FCR 532
Date of hearing: 17 August 2010
Place: Canberra
Division: GENERAL DIVISION
Category: Catchwords
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