Dillon and Comcare (Compensation)

The Administrative Appeals Tribunal considered the matter of Dillon and Comcare. The dispute concerned an application for compensation under the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (the Act) for a diagnosed generalised anxiety disorder, which the applicant claimed was an aggravation of a pre-existing depressive disorder. The core of the dispute revolved around whether the applicant had suffered a permanent impairment and, if so, the degree of that impairment for the purposes of determining compensation liability.

The Tribunal was required to determine whether the applicant's generalised anxiety disorder constituted an aggravation of a pre-existing depressive disorder, and if so, whether this aggravation resulted in a permanent impairment. Further, the Tribunal had to assess the degree of any permanent impairment in accordance with the relevant provisions of the Act and the *Guide to the Assessment of Mental Health Impairment*.

The Deputy President affirmed the decision of the Australian Public Service Commissioner. The Tribunal found that while the applicant had a history of depressive disorder, the evidence did not establish that the generalised anxiety disorder was an aggravation of that pre-existing condition. Consequently, the Tribunal concluded that the applicant had not suffered a permanent impairment for which Comcare was liable to pay compensation under the Act.