Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lopez Avila v K & S Freighters Pty Ltd [2015] FCA 962 Citation: Lopez Avila v K & S Freighters Pty Ltd [2015] FCA 962
Appeal from: Lopez-Avila v K & S Freighters Pty Ltd [2015] AATA 197
Parties: CARLOS LOPEZ AVILA v K & S FREIGHTERS PTY LTD
File number: VID 217 of 2015
Judge: PAGONE J
Date of judgment: 28 August 2015
Catchwords: WORKERS' COMPENSATION – appeal from Administrative Appeals Tribunal – question of law – applicant sustained injury to left wrist in March 2008 – pre-existing osteoarthritis aggravated – short period of incapacity and return to work on full duties in November 2008 – applicant met with manager in August 2012 to discuss unsatisfactory work performance – applicant did not return to work – lodged claim for compensation in September 2012 claiming anxiety, depression and post-traumatic stress disorder – whether Tribunal erred in construction and application of definition of 'incapacity for work' under Act – whether Tribunal failed to apply relevant provision of Act – whether Tribunal failed to have regard to evidence – adequacy of reasons of Tribunal
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43(2), 43(2B), 44(1) Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4(9), 14, 16
Cases cited: Arnotts Snack Products Pty Ltd v Yacob (1985) 155 CLR 171 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Cao v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2014] FCA 52 Chapman v Australian Postal Corporation [2000] FCA 1700 Comcare v Lofts (2013) 217 FCR 220 Comcare v Martinez (No 2) (2013) 212 FCR 272 Commissioner of Taxation v Glennan (1999) 90 FCR 538 Haritos v Commissioner of Taxation [2015] FCAFC 92 Lonergan v Comcare (2005) 143 FCR 307 Minister for Immigration & Multicultural Affairs v Rajalingam (1999) 93 FCR 220 Martin v Australian Postal Commission [1999] FCA 655 Minister for Immigration & Multicultural Affairs v Yusuf (2001) 206 CLR 323 National Australia Bank Ltd v Georgoulas (2013) 217 FCR 382 Osland v Secretary, Department of Justice (2010) 241 CLR 320 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicants S134/2002 (2003) 211 CLR 441 Re Commonwealth of Australia v Smith (1989) 10 AAR 277 Roncevich v Repatriation Commission (2005) 222 CLR 115 Secretary, Department of Employment and Workplace Relations v Homewood (2006) 91 ALD 103 Thompson v Armstrong and Royse Pty Ltd (1950) 81 CLR 585 TNT Skypack International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 82 ALR 175 Ward v Corrimal-Balgownie Collieries Ltd (1938) 61 CLR 120 Waterford v The Commonwealth (1987) 163 CLR 54
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