Debnam and Military Rehabilitation and Compensation Commission (Compensation)

This matter concerned an appeal by Mr Debnam against a decision of the Military Rehabilitation and Compensation Commission. Mr Debnam, a former member of the Royal Australian Air Force, claimed entitlement to compensation under the *Safety, Rehabilitation and Compensation Act 1988* (Cth) for a neuralgia condition he alleged was caused by surgery performed in 2006. The Commission had previously accepted liability for an aggravation of a pansinusitis condition, with an injury date of 1974. The surgery in question, a bilateral Lothrop's procedure to open his frontal sinuses, involved the insertion of mini-trephines through small holes drilled into his forehead to facilitate post-surgery flushing.

The primary legal and factual issues before the Deputy President were whether Mr Debnam suffered from the claimed neuralgia condition and, if so, whether that condition was causally linked to the 2006 surgery. The Commission disputed the existence of the neuralgia condition, relying on the evidence of an ear, nose and throat surgeon, Dr Anning. Mr Debnam, conversely, relied on the evidence of a neurologist, Dr Walsh, and his own testimony.

The Deputy President was satisfied on the evidence that Mr Debnam did indeed suffer from a neuralgia condition. However, the Deputy President was not satisfied that this condition was caused by the surgery performed by Dr Laing in 2006. Consequently, the reviewable decision of the Commission, which affirmed its earlier decision, was affirmed.