Black and Comcare (Compensation)

The Administrative Appeals Tribunal considered the matter of Black and Comcare (Compensation). The applicant sought compensation for psychological injuries and associated medical expenses, alleging incapacity from work due to these injuries. Comcare had determined that while the applicant had suffered an incapacity, it was not liable to pay for the applicant's medical expenses. The decision under review concerned this determination of liability for medical expenses.

The Tribunal was required to determine whether the applicant's incapacity resulted from an injury for which Comcare was liable, and specifically, whether Comcare was liable to pay for the applicant's medical expenses in relation to that injury. The core of the dispute revolved around the causal link between the applicant's psychological condition and the claimed incapacity, and the subsequent entitlement to medical treatment costs.

The Tribunal found that the applicant had indeed suffered an incapacity that was a 'personal injury' within the meaning of the *Safety, Rehabilitation and Compensation Act 1988* (Cth). However, the Tribunal concluded that the evidence did not establish that the applicant's psychological condition was the *sole* or *dominant* cause of the incapacity. Because the applicant's incapacity was not solely or predominantly caused by the employment, Comcare was not liable to pay for the applicant's medical expenses. The decision under review was therefore varied.