Craig Hill
KC Hill
Paladin
Oracle of DelphiSecond Thoughts Do Not Justify Reinstatement
January 7th 2009 10:08
In Fitzsimmons and Comcare [2008] AATA 919, the Administrative Appeals Tribunal (Tribunal) rejected Mr Fitzsimmons's application to reinstate his claim on the basis that it was 'dismissed in error' under section 42A(10) of the Administrative Appeals Tribunal Act 1975 (AAT Act).
BACKGROUND
Mr Fitzsimmons appealed a decision by Comcare that it was not liable to pay compensation for viral hepatitis B, allegedly contracted as a result of his employment with the Australian Customs Service.
In August 2006, Mr Fitzsimmons's lawyer, Mr Stockley, wrote to the Deputy Registrar of the Tribunal seeking withdrawal of his application on the basis that there was insufficient evidence to directly support the claim.
On 25 August 2008, Mr Fitzsimmons wrote to the Tribunal requesting that his application be reinstated.
Mr Fitzsimmons argued that the application should be reinstated on the basis that it had been dismissed in error because Mr Stockley had not investigated all possible causes of hepatitis B.
Mr Fitzsimmons also argued that his withdrawal was also compounded by his depression, which affected his understanding of the withdrawal.
DECISION
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BACKGROUND
Mr Fitzsimmons appealed a decision by Comcare that it was not liable to pay compensation for viral hepatitis B, allegedly contracted as a result of his employment with the Australian Customs Service.
In August 2006, Mr Fitzsimmons's lawyer, Mr Stockley, wrote to the Deputy Registrar of the Tribunal seeking withdrawal of his application on the basis that there was insufficient evidence to directly support the claim.
On 25 August 2008, Mr Fitzsimmons wrote to the Tribunal requesting that his application be reinstated.
Mr Fitzsimmons argued that the application should be reinstated on the basis that it had been dismissed in error because Mr Stockley had not investigated all possible causes of hepatitis B.
Mr Fitzsimmons also argued that his withdrawal was also compounded by his depression, which affected his understanding of the withdrawal.
DECISION
Read More...
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