Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Zdziarski v Telstra Corporation Limited [2015] FCA 207 Citation: Zdziarski v Telstra Corporation Limited [2015] FCA 207
Appeal from: Zdziarksi and Telstra Corporation Limited [2014] AATA 108
Parties: STEPHEN ZDZIARSKI v TELSTRA CORPORATION LIMITED and ADMINISTRATIVE APPEALS TRIBUNAL
File number: NSD 321 of 2014
Judge: PERRAM J
Date of judgment: 13 March 2015
Catchwords: WORKERS' COMPENSATION – whether applicant suffering from condition caused by employment – whether condition caused by medical treatment of injury – whether Tribunal applied correct test of causation
Legislation: Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4(1), 5B, 7(4), 14(1) Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2007 (Cth) Sch 1 item 41
Cases cited: Commonwealth Bank of Australia v Reeve (2012) 199 FCR 463 cited Drenth v Comcare (2012) 128 ALD 1 cited Fagan v Crimes Compensation Tribunal (1982) 150 CLR 666 applied Hart v Comcare (2005) 145 FCR 29 considered Roncevich v Repatriation Commission (2005) 222 CLR 115 cited Smith v Comcare (2013) 212 FCR 335 distinguished Commonwealth, Parliamentary Debates, House, 30 November 2006, 4-5 (Kevin Andrews) Productivity Commission, National Workers Compensation and Occupational Health and Safety Frameworks (Report No 27, Canberra, 16 March 2004)
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