Ascic and Comcare (Compensation)

The Administrative Appeals Tribunal considered the matter of Ascic and Comcare. The applicant, a former Commonwealth employee, sought compensation for depression and an acute paranoid reaction allegedly arising from perceived stress in his employment. He had retired on an invalidity superannuation pension.

The Tribunal was required to determine whether the applicant's conditions were an injury for the purposes of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) and, if so, to assess his entitlement to compensation, including consideration of his average weekly earnings and normal weekly earnings. The applicant also sought an independent review of certain determinations made by Comcare.

The Tribunal found that the applicant's conditions were not an "injury" as defined by the Act, as they did not arise from an accident or a disease. While acknowledging the applicant's subjective experience of stress, the Tribunal concluded that the evidence did not establish a causal link between his employment and the diagnosed conditions. The Tribunal applied the principles that an injury must have a specific cause and that subjective feelings of stress, without more, do not constitute an injury under the Act.

Consequently, the Tribunal affirmed Comcare's decision and dismissed the application.