Croxon and Military Rehabilitation and Compensation Commission (Compensation)

The Administrative Appeals Tribunal (the Tribunal) reviewed a decision of the Military Rehabilitation and Compensation Commission (the Commission) which affirmed an earlier determination. The Applicant, a former member of the Royal Australian Navy, sought compensation for post-traumatic stress disorder (PTSD) arising from disaster relief duties in the Philippines in 1991. The Commission had accepted liability for PTSD and assessed a whole person impairment (WPI) of 10%, resulting in a compensation payment. The Applicant sought a review of this assessment, contending for a higher WPI.

The Tribunal was required to determine whether the Applicant's PTSD condition was permanent, meaning likely to continue indefinitely, for the purposes of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRC Act). It also needed to ascertain if the Applicant's WPI was at least 10% and, if so, to determine the precise degree of WPI, specifically considering whether the Applicant required supervision and direction in his activities of daily living.

The Tribunal considered the medical evidence, including reports from various psychiatrists. It noted that the Applicant's PTSD was accepted under the DRC Act, but the assessment of permanent impairment was contested. The Tribunal's reasoning focused on the definition of "activities of daily living" as provided in the Guide to the Assessment of the Degree of Permanent Impairment, which encompasses primary biological and psychosocial functions. The Tribunal ultimately affirmed the Commission's decision, finding that the Applicant's condition did not warrant a higher WPI rating.