Military Rehabilitation and Compensation Commission v. May

Lower Court Judgment

30/06/2015 Federal Court of Australia (Allsop CJ, Kenny J, Besanko J, Robertson J, Mortimer J)

[2015] FCAFC 93

Catchwords

Workers Compensation – Injury – Safety, Rehabilitation and Compensation Act 1988 (Cth) (Act) – Where respondent enlisted in the Royal Australian Air Force in 1998 – Where respondent lodged a claim under the Act for rehabilitation and compensation in for “low immunity, fatigue, illnesses and dizziness” that respondent claimed was caused by vaccinations he received in the course of his employment in 1998 – Where no specific condition or cause of symptoms was diagnosed – Whether respondent’s symptoms amount to an “injury” as defined by the Act – Whether an ‘injury’ as defined by the Act requires a sudden or identifiable physiological change or disturbance of the normal physiological state in an employee – Whether the Act contemplates no more than a physiological change or disturbance of the normal physiological state in the employee.

Short particulars