BZMK and Comcare (Compensation)

This matter concerned an appeal by BZMK against Comcare's denial of liability for permanent impairment and the cessation of liability for medical expenses and incapacity payments. The dispute centred on whether BZMK's psychological condition, initially diagnosed as an adjustment disorder, was a major depressive disorder that was contributed to, to a significant degree, by her employment. The case was heard by Stewart Fenwick Dr.

The court was required to determine the nature and extent of BZMK's psychological condition and whether it constituted a major depressive disorder. A key issue was whether this condition was significantly contributed to by her employment, particularly in light of her pre-existing mental health history, which included hospitalisation for an overdose in 1982, consultations for work-related stress in 1999, and ongoing treatment and prescription of antidepressants between 2002 and 2013.

The court considered extensive medical evidence, including reports from various psychiatrists and psychologists. It noted that initial diagnoses of adjustment disorder may have been influenced by limited information regarding BZMK's medical history at the time. The court found that BZMK had been prescribed antidepressant medication almost continuously from the early 2000s to 2013, suggesting a prolonged pattern of use, which some medical experts described as prophylactic. While BZMK's treating doctors, Dr Fotakis and Dr Pomorin, emphasised her capacity to cope well prior to 2014 and attributed her condition to workplace circumstances, the court also acknowledged the opinion of Dr Weissman, who, when presented with a broader medical history, suggested a longstanding depressive condition. The court was satisfied that the cessation of antidepressant medication was likely to reduce BZMK's resilience to stressors.

Ultimately, the court found that the decisions under review were correct and preferable. Accordingly, the Tribunal affirmed Comcare's decisions to deny liability for permanent impairment and to cease liability for medical expenses and incapacity payments.