In this issue of Compensation Snapshot, our regular bulletin covering legal developments in Commonwealth workers' compensation:
- 'Reasonable administrative action' and 'reasonable disciplinary action'
- Can multiple impairments be combined to calculate 'whole person impairment'?
- Determining the jurisdiction of the Administrative Appeals Tribunal
- Hello Fellowes, goodbye Van Grinsven
- " Work transfers and loss of travel benefits: a 'reasonable administrative action'?
'Reasonable Administrative Action' and 'Reasonable Disciplinary Action'
By Holly Weston and Lazarus
Dobelsky
Two recent decisions by the Administrative Appeals Tribunal (AAT)
shed light on when the AAT will find action taken by an employer to
be 'reasonable administrative action' or 'reasonable
disciplinary action'. If such actions are found to have
contributed to an injury claimed by an employee, the claim may be
excluded from the definition of 'injury' under the Safety,
Rehabilitation and Compensation Act 1988 (Cth) (SRC Act). The two
decisions handed down by Senior Member Friedman are Re Steuregger
and Comcare Australia [2009] AATA 757 and Re Bui and Australian
Postal Corporation [2009] AATA 803.
Can Multiple Impairments be combined to calculate 'whole person impairment '?
By Emily Baggett and Brendan
O'Brien
In Josephine Black and Comcare [2009] AATA 593, the Administrative
Appeals Tribunal considered whether impairments in relation to an
employee's neck and shoulders could be combined on the basis
that they resulted from one injury.
Determining the jurisdiction of the Administrative Appeals Tribunal
By Robert Brigden and Andrew
Klein
In Sellick v Australian Postal Corporation [2009] FCAFC 146, the
Full Federal Court held the AAT did not have jurisdiction to review
claims regarding additional conditions made on top of those
provided in the original claim.
Hello Fellowes, goodbye Van Grinsven
By Emma Crosby and James
McIntyre
In Fellowes v Military Rehabilitation & Compensation Commission
[2009] HCA 38, the High Court overturned the decisions of the Full
Federal Court and the AAT to allow a claim for compensation for a
second injury which effectively gave rise to the same level of
permanent impairment as an injury for which the claimant had
already received compensation.
Work transfers & loss of travel benefits: a 'reasonable administrative action'?
By Emily Baggett and Brendan
O'Brien
In Georges and Telstra Corporation Limited [2009] AATA 731, the AAT
found that a transfer of work location, which caused a loss of
travel allowance, constituted 'reasonable administrative
action' under section 5A(2) and therefore precluded the
employee from obtaining compensation for his 'injury' under
section 14 of the Safety, Rehabilitation and Compensation Act 1988
(Cth).
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