Relevance of this question

Relevance of this question

Section 15(1) provides for compensation to be paid where an accident results in loss of or damage to, property used by an employee (defined in s 4(1) as “an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance”):

15(1)If:

(a)an employee has an accident arising out of and in the course of his or her employment by the Commonwealth or a licensed corporation; and

(b)the accident does not cause injury to the employee but results in the loss of, or damage to, property used by the employee;

Comcare is liable to pay compensation to the employee of an amount equal to the amount of the expenditure reasonably incurred by the employee in the necessary replacement or repair of the property.

This question is testing whether:

• there is an accident as required by s 15(1)(a); and
• the accident resulted in loss of, or damage to, property as required by s 15(1)(b).

Property loss or damage is compensated by reimbursement of the reasonable cost of replacing or repairing the property.

If a member suffers a compensable injury, s 15 is excluded from operation.  However, where there is also any loss of, or damage to, “property used by an employee” (eg. damage to spectacles or artificial limbs), this may be compensated as medical treatment, provided the loss or damage arose directly from the compensable injury.