de Leon and Comcare (Compensation)

This matter concerned an appeal by the applicant, de Leon, against a decision by Comcare to reject a further claim for compensation. The applicant sought compensation for permanent impairment and non-economic loss, alleging an aggravation of a major depressive disorder stemming from workplace incidents. The core dispute revolved around whether the applicant continued to suffer from a compensable aggravation of her major depressive disorder and whether this condition resulted in a permanent impairment.

The legal issues before the Tribunal were twofold: first, whether the applicant's major depressive disorder was still being aggravated by the workplace incident, and second, if so, whether she suffered a permanent impairment as a result of that injury. The Tribunal was required to determine if the effects of the workplace incident persisted and remained a causative factor in the applicant's condition, or if it had been superseded by other events.

The Tribunal considered extensive written and oral evidence from various treating and medico-legal doctors, as well as the applicant herself. While acknowledging the subjective nature of psychiatric evidence and the potential for differing medical opinions, the Tribunal found the evidence presented by the medical practitioners to be impressive. The Tribunal also noted that the applicant appeared to be doing her best to recount events, though she was considered a guarded historian, with a significant past incident of sexual abuse only coming to light during the proceedings. Ultimately, the Tribunal was satisfied that the workplace incident continued to affect the applicant, leading to a determination that she suffered a permanent impairment.