Aloi and Commonwealth Bank (Compensation)

Ms Aloi sought review of a decision concerning her claim for workers' compensation against Commonwealth Bank (CBA). The dispute centred on whether Ms Aloi's accepted condition, an adjustment disorder with depressed and anxious mood, had resulted in a permanent impairment and, if so, the degree of that impairment and associated non-economic loss. The matter was heard by Ms A E Burke AO, Member, of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether Ms Aloi's accepted condition constituted a permanent impairment, the degree of any such permanent impairment, and the appropriate score for non-economic loss, all pursuant to sections 24 and 27 of the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act). A key element of the determination involved assessing whether Ms Aloi had undertaken all reasonable rehabilitative treatment for her condition, as this was a prerequisite for establishing permanence.

The Tribunal reasoned that Ms Aloi's condition had been of significant duration and that she had undertaken all reasonable rehabilitative treatment, with little likelihood of further improvement. While CBA contended that Ms Aloi's impairment could not be considered permanent due to her reluctance to trial antidepressant medication, the Tribunal found this argument unpersuasive. It noted that CBA had previously accepted the permanence of her impairment, even when aware of her reluctance to take medication due to potential side effects. The Tribunal also observed that Dr Assad's report, cited by CBA to suggest deterioration, actually indicated a recent exacerbation, which was understandable given the circumstances of the hearing being postponed by CBA. Applying these considerations, the Tribunal determined that Ms Aloi's accepted condition had resulted in a permanent impairment of 10% and a score of 3 for suffering for non-economic loss.

In accordance with section 43(1)(a) of the *Administrative Appeals Tribunal Act 1975*, the Tribunal affirmed the decision under review.