Boots and Military Rehabilitation and Compensation Commission (Compensation)

This matter concerned an appeal by Mr Boots against a decision of the Military Rehabilitation and Compensation Commission (the respondent). The dispute centred on Mr Boots' entitlement to compensation for psychiatric conditions allegedly arising from his service. The decision was made by Deputy President K Bean of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it had jurisdiction to consider psychiatric conditions suffered by Mr Boots subsequent to an adjustment disorder with elements of PTSD, and whether his military employment had materially contributed to these conditions. The respondent had conceded liability for the adjustment disorder.

The Tribunal's reasoning acknowledged that while it had jurisdiction to consider some of the subsequent psychiatric conditions, it found that Mr Boots' employment had not made a material contribution to those particular conditions. However, the Tribunal varied the decision under review to recognise the respondent's liability for the "adjustment disorder with elements of PTSD" with a deemed date of injury of 18 November 1992. The respondent was also ordered to pay Mr Boots' reasonable disbursements, including Dr Nagesh's fees.