Whiteman v Australian Postal Corporation [2011] FCA 1427

FEDERAL COURT OF AUSTRALIA

Whiteman v Australian Postal Corporation [2011] FCA 1427 Citation: Whiteman v Australian Postal Corporation [2011] FCA 1427

Appeal from: Whiteman v Australian Postal Corporation [2010] AATA 645

Parties: CHERYL WHITEMAN v AUSTRALIAN POSTAL CORPORATION

File number: NSD 1246 of 2010

Judge: FOSTER J

Date of judgment: 14 December 2011

Catchwords: ADMINISTRATIVE LAW – whether, upon the true interpretation of the Guide to the Assessment of the Degree of Permanent Impairment (2nd ed, 2005) made under s 28 of the Safety, Rehabilitation and Compensation Act 1988 (Cth), (the Comcare guide) in circumstances where an arthroplasty procedure has been undertaken, the assessment and calculation of the total whole person impairment (WPI) rating for abnormal motion in respect of a claimant who had a work-related shoulder injury and the assessment and calculation of the relevant WPI rating for arthroplasty are both to be undertaken by reference to the current edition of the American Medical Association's Guides (the AMA guide) or, alternatively, whether the first of these rating calculations is to be undertaken by reference to the Comcare guide and the second of these rating calculations is to be undertaken by reference to the AMA guide and the two ratings combined by reference to the relevant Combined Values Chart forming part of the Comcare guide

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 44 Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 4, 13, 14, 24, 27 and 28

Cases cited: Comcare v Broadhurst [2011] FCAFC 39 cited Roncevich v Repatriation Commission (2005) 222 CLR 115 applied