Burton and Commonwealth Bank of Australia (Compensation)

This matter concerned an appeal by Ms Burton against a decision of the Administrative Appeals Tribunal concerning her entitlement to workers' compensation from the Commonwealth Bank of Australia. The dispute centred on whether Ms Burton had suffered a compensable physical injury to her wrist and hand, and if so, whether secondary psychological conditions arising from that injury were also compensable. The Commonwealth Bank contended that Ms Burton had not proven a physical injury and, in the alternative, that certain exclusionary provisions might apply to any psychological claims.

The court was required to determine the nature of Ms Burton's alleged physical injury, specifically whether she suffered from a TFCC tear or palmar fibromatosis, and whether any such physical injury was significantly contributed to by her employment. Furthermore, the court had to consider whether Ms Burton suffered from a compensable psychological condition, such as an adjustment disorder with mixed anxiety and depressed mood, and if so, whether this condition was a consequence of a compensable physical injury. A further issue was whether section 7(7) of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) operated to disentitle Ms Burton from compensation for any psychological condition.

The Deputy President found that any physical injury arising from the work incident had resolved by August 2015. However, the Deputy President was satisfied that Ms Burton suffered from an adjustment disorder with mixed anxiety and depressed mood, and that this condition was a consequence of the physical injury. The Deputy President concluded that the respondent's contention that Ms Burton suffered from palmar fibromatosis was not made out, and that the claim for CRPS was not proven. The Deputy President also found that section 7(7) of the SRC Act did not apply to disentitle Ms Burton from compensation for her psychological condition.

The appeal was allowed in part. The decision of the Tribunal in relation to the physical injury was affirmed, but the decision in relation to the psychological injury was set aside and remitted to the Tribunal for redetermination.