Military Rehabilitation and Compensation Commission v. May
Case No.
S243/2015
Case Information
Lower Court Judgment
30/06/2015 Federal Court of Australia (Allsop CJ, Kenny J, Besanko J, Robertson J, Mortimer J)
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.
Documents
13/11/2015 Hearing (SLA, Sydney)
24/11/2015 Notice of appeal
18/12/2015 Written submissions (Appellant)
18/12/2015 Chronology (Appellant)
01/02/2016 Written submissions (Respondent)
15/02/2016 Reply
03/03/2016 Hearing (Full Court, Hobart)
11/05/2016 Judgment (Judgment summary)