BKSF and Comcare (Compensation)

This matter concerned two applications before the Tribunal, one concerning claims for anxiety and depression (Application number 2016/6633) and the other concerning claims for incapacity payments and medical expenses arising from specific physical injuries (Application number 2018/0139 and 2018/0315). The applicant, a former employee of ASIC, alleged that her conditions were caused or significantly contributed to by her employment, specifically referencing an incident on 8 May 2002 involving the transport of court books and an incident on 28 April 2010 where she slipped in a car park. Comcare opposed the claims.

The Tribunal was required to determine whether the applicant had suffered from compensable anxiety and depression under sections 5A and 5B of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) and whether she was entitled to incapacity payments and medical expenses for the physical conditions claimed, pursuant to sections 16, 19, and 20 of the *SRC Act*. Central to these determinations was the question of whether the applicant's employment had contributed to her conditions to a significant degree, and the assessment of the evidence, particularly conflicting medical reports.

The Tribunal found that there was insufficient evidence to establish that the applicant's anxiety and depression arose out of or in the course of her employment, or that her employment contributed to these conditions to a significant degree. This conclusion was influenced by the lack of direct medical evidence from psychiatrists and a preference for the report of Dr Majoor over that of Dr Getlinger, partly due to factual inaccuracies identified in Dr Getlinger's report regarding the applicant's redundancy. Similarly, for the physical injuries claimed, the Tribunal found no or insufficient evidence to establish entitlement to incapacity payments and medical expenses arising from the alleged incidents.

Consequently, the Tribunal affirmed the reviewable decisions in all three applications. The applicant was found not to be entitled to the claimed incapacity payments and medical expenses for the physical conditions arising from the 8 May 2002 and 28 April 2010 incidents, nor was she found to have suffered compensable anxiety and depression related to her employment.