Commonwealth v Ockenden [1958] HCA 37

308 Comeare epee SAS Fear 99 C.L.R.] OF AUSTRALIA. 215

(HIGH COURT OF AUSTRALIA.]

THE COMMONWEALTH s 4 ; : APPELLANT ; RESPONDENT, AND OCKENDEN . 5 . ss ' : E RESPONDENT. APPLICANT,

ON APPEAL FROM THE COUNTY COURT AT MELBOURNE, VICTORIA.

Workers' Compensation—" personal injury by accident arising out of or in the course H.C. oF A. of . . . employment""—Meaning—Application to progressive disease not con- 1958, nected in origin with employment—Discovery in member of Navy of defective = working of aortic valve in heart as result of gradual process following childhood MprnourNe, illness—Time when valve became defective not known—Necessity for sudden and May 15, 16, distinct physiological change to constitute injury by accident—Necessity for proof 4g, that change took place while employee engaged in duties of employment and not, = €.g., on leave—Commonwealth Employees' Compensation Act 1930-1956 (No. 24 SYDNEY, of 1930—No. 93 of 1956), s. 9 (1). Aug. 14.

Under s. 9 (1) of the Commonwealth Employees' Compensation Act 1930-1956 Dixon it is necessary for an applicant seeking to recover compensation to show that Pyllaar and he has sustained " personal injury by accident arising out of or in the course

of his employment ".

Held, that a worker does not suffer such an injury where he suffers, at his place of employment, a sudden and distinct physiological change as the product of the inevitable development of a progressive disease from which he is suffering and where such change can in no way be attributable to or associated with some incident of his employment.

James Patrick & Co. Pty. Ltd. v. Sharpe (1955) A.C. 1, discussed and dis- tinguished.

Held, further, that in the circumstances of the case, an applicant for com- pensation had not proved that he was entitled thereto.

Decision of the County Court at Melbourne reversed.