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Legal Herald - World Legal Issues

Damages For A Risk Of Injury Where Damages Already Paid

January 3rd 2009 09:09
In Muscat v Comcare [2008] AATA 872, the Administrative Appeals Tribunal (AAT) considered whether an employee was entitled to compensation under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) in circumstances where he had settled an action for damages against the Commonwealth in the Dust Diseases Tribunal of NSW (DDT).

In making its decision, the AAT looked at the nature of the settlement of the damages action and considered the concept of 'injury' for the purposes of the SRC Act.

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AAT damages

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