Bromham and Comcare (Compensation)

This matter concerned an appeal by Ms Bromham against a decision by Comcare to affirm its earlier determination that she was not entitled to compensation for medical expenses or incapacity payments from 9 December 2014 onwards. The original injury, a psychological condition described as adjustment disorder with depressed mood, arose from workplace events in August 2005. The core dispute revolved around whether Ms Bromham continued to suffer the effects of this compensable injury after the specified date, thereby entitling her to ongoing medical treatment costs and income support.

The court was required to determine two primary legal issues: firstly, whether Ms Bromham retained any entitlement to compensation for medical expenses incurred on or after 9 December 2014 in relation to her compensable injury; and secondly, whether she was entitled to incapacity payments during the same period as a result of that injury. These questions necessitated an examination of the evidence to ascertain if the psychological condition, which had been accepted as compensable, continued to manifest and impact her capacity for work and need for treatment.

The court reasoned that the Tribunal, standing in the shoes of the original decision-maker, must consider all available evidence. Crucially, the evidentiary burden rested on Comcare to demonstrate, on the balance of probabilities, that Ms Bromham no longer suffered from the effects of the compensable injury since 9 December 2014. Comcare's argument that Ms Bromham's condition had resolved or was no longer materially contributed to by the compensable injury was contested. The court found that Ms Bromham did not need to re-establish Comcare's liability for the original injury, but rather Comcare had to prove the cessation of its effects. The reviewable decision was set aside, and it was determined that compensation for medical expenses and incapacity had been payable continuously since 9 December 2014.