Crosby and Comcare (Compensation)

This decision concerned objections raised by Dr Crosby regarding Comcare's requests to summons medical records as part of her compensation claim. Dr Crosby had lodged a claim for psychological and physical ailments, including anxiety and migraine, alleging these were exacerbated by workplace bullying and stress. Comcare had issued determinations declining the claim, which Dr Crosby sought to have reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether Comcare's requests to summons medical records from various entities were sufficiently relevant and for a legitimate forensic purpose, despite Dr Crosby's objections based on privacy and the apparent timing of some attendances. The Tribunal was required to balance the right to privacy against the need for relevant evidence to determine the substantive issues of Dr Crosby's claim, specifically concerning the nature of her conditions, their aggravation, and any resulting impairment or incapacity to work.

The Member, Mr S. Webb, reasoned that the apparent relevance of the requested records should be assessed in light of the substantive issues before the Tribunal. While acknowledging Dr Crosby's privacy concerns, the Member found that the information provided by Comcare regarding Dr Crosby's medical attendances established a reasonable basis to conclude that the records held by the majority of the entities were likely to be of apparent or adjectival relevance to her claim. This included records predating the alleged injury, as they might shed light on the history and progression of her psychological and migraine ailments and related symptomatology. The Member also noted that Dr Crosby had not applied for confidentiality orders.

Ultimately, Dr Crosby's objections to the summons in respect of the Prince of Wales Hospital and the Royal Hospital for Women were upheld, and those summonses were vacated. However, her objections were not upheld in relation to the other thirteen entities, meaning the summonses for those entities would proceed.