Hooley v Comcare [2020] FCA 1880

Federal Court of Australia

Hooley v Comcare [2020] FCA 1880 Appeal from: Hooley v Comcare (Administrative Appeals Tribunal, No. 2016/1439, 29 November 2019)

File number: QUD 794 of 2019

Judgment of: REEVES J

Date of judgment: 24 December 2020

Catchwords: WORKERS' COMPENSATION – appeal from a decision of the Administrative Appeals Tribunal – where the Tribunal affirmed a decision of the respondent which determined the applicant was no longer entitled to receive compensation in respect of a psychological injury – whether any aspect of his employment led to a worsening of the applicant's pre-existing condition such that it should be treated as having been contributed to, to a significant degree, by that employment – whether there is an implied obligation under the Safety, Rehabilitation and Compensation Act 1988 (Cth) for an employer to provide an injured employee with suitable rehabilitation or professional support – appeal dismissed

Legislation: Safety, Rehabilitation and Compensation Act 1988 (Cth)

Cases cited: Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424; [2001] FCA 1833 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Bay Street Appeal) [2020] FCAFC 192 Georgiadis v Australian and Overseas Telecommunications Corporation (1994) 179 CLR 297 Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (2020) 381 ALR 601; [2020] HCA 29 Telstra Corporation Ltd v Hannaford (2006) 151 FCR 253; [2006] FCAFC 87

Division: General Division