Bradley and Comcare (Compensation)

This matter concerned an appeal by a dependent wife against a decision of the Safety, Rehabilitation and Compensation Commission (Comcare) regarding a claim for compensation following the death of her husband, an air traffic controller. The deceased suffered a fatal myocardial infarction, and the central dispute was whether his death was employment-related, given that he was a smoker.

The Tribunal was required to determine whether the nature and location of the deceased's work as an air traffic controller led to his continuation of smoking, and whether the stress associated with his employment contributed to his death. Essentially, the core legal issue was whether the myocardial infarction constituted an injury arising out of or in the course of his employment.

The Tribunal affirmed the decision under review, finding that the death was employment-related. This conclusion was reached by considering the impact of the deceased's work environment and the inherent stresses of his role as an air traffic controller on his smoking habits and ultimately, his health. The Tribunal's reasoning implicitly accepted that the employment contributed to the fatal event.