Djambazi and Comcare (Compensation)

This matter concerned an appeal by Ms Djambazi against a decision of the Respondent, Comcare, which denied liability for medical expenses and incapacity payments from 12 July 2016 onwards. The dispute centred on whether Ms Djambazi continued to suffer from a diagnosable psychiatric disorder for which Comcare remained liable.

The Senior Member was required to determine whether Ms Djambazi suffered from a current psychiatric disorder, specifically an Adjustment Disorder, that was causally related to her accepted work injury. The court also had to consider whether Comcare's liability for medical expenses and incapacity payments extended beyond 12 July 2016, given the nature of the accepted diagnosis.

The Senior Member affirmed Comcare's decision, finding that while Comcare had previously accepted liability for an Adjustment Reaction with Mixed Emotional Features, the evidence did not establish a current diagnosable psychiatric disorder after 12 July 2016. The Senior Member relied on the reports of Dr Stepan, who, while diagnosing a current Adjustment Disorder, also referenced Dr Lewin's earlier report. Dr Lewin's report suggested that an Adjustment Disorder implies a short-term reaction, and that current symptoms would only be considered evidence of a current Adjustment Disorder if there was a factual basis to Ms Djambazi's complaints, which, if proven, would have been considered by Dr Lewin. Dr Stepan's later reports confirmed the diagnosis and its relation to work injury, but the Senior Member concluded that the evidence did not support ongoing liability for incapacity payments or medical expenses beyond the date Comcare ceased accepting liability.