DJLK and Comcare (Compensation) - [2016] AATA 457

DJLK and Comcare (Compensation) [2016] AATA 457 (30 June 2016)

Division

GENERAL DIVISION

File Numbers

2012/1055

2013/5012

Re

DJLK

APPLICANT

And

Comcare

RESPONDENT

DECISION

Tribunal
Regina Perton, Member

Date 30 June 2016

Place Melbourne
The Tribunal affirms the decisions under review.

.......................................................................
Regina Perton, Member
WORKERS’ COMPENSATION – whether accepted shoulder condition still affecting applicant – whether current shoulder condition is still the result of the accepted injury in 2010 – decision affirmed
whether mental health condition arose out of or in the course of employment – whether the result of reasonable administrative action in a reasonable manner – decision affirmed.
Safety, Rehabilitation and Compensation Act 1988 ss 4, 5A, 5B, 14, 16, 36
Commonwealth Bank of Australia v Reeve [2012] FCAFC 21
Hart v Comcare [2005] FCAFC 16
REASONS FOR DECISION
Regina Perton, Member
30 June 2016

DJLK worked for an organisation created under Commonwealth legislation (the employer) from 1989 until 2014. Most of her career was spent in the Information Technology area. (IT) However, she is not a qualified computer professional. A considerable part of her time was spent on the help desk. Later she was given a more technical role. DJLK left the organisation after she was classified as unfit to continue work and is now a superannuant.
DJLK lodged a claim for compensation on 7 June 2010 for sprain of shoulder and upper arm (right) and hand sprain (right) which she stated occurred in the course of her employment between 24 and 27 March 2010. Comcare accepted liability on 18 August 2010. On 15 May 2013 Comcare revoked the determination on the grounds that the condition had fully resolved.
On 14 June 2013 DJLK sought reconsideration of the decision. On 26 July 2013 the review officer affirmed the original decision. On 2 October 2013 DJLK lodged an application to this Tribunal (2013/5102) in respect of the injuries. She claimed that she was still suffering the effects of the sprains.
DJLK lodged a claim for compensation on 21 August 2011 for anxiety, depression & adjustment disorder. She stated that she had first noticed the illness on 26 May 2011. On 26 September 2011 Comcare determined that DJLK was entitled to compensation in respect of adjustment reaction with mixed emotional features. DJLK’s employer requested reconsideration of Comcare’s determination. On 7 February 2012 a review officer of Comcare revoked the determination made on 26 September 2011 and denied liability to pay compensation on the basis that DJLK’s psychological condition was significantly contributed to by reasonable administrative action undertaken in a reasonable manner and is therefore not compensable due to the exclusionary provisions in the governing legislation. On 20 March 2012 DJLK lodged an application to this Tribunal (2012/1055).
The Tribunal considered both applications together. The Tribunal made a confidentiality order resulting in a pseudonym for the applicant. Lay witnesses’ names have been given initials.
RELEVANT LEGISLATION
Section 14(1) of the Safety, Rehabilitation and Compensation Act 1988 (the Act) provides:
Compensation for injuries
(1) Subject to…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading DJLK and Comcare (Compensation)

Details

AGLC: DJLK and Comcare (Compensation) [2016] AATA 457
Case: [2016] AATA 457
Decision Date: 30 June 2016

CaseChat Overview and Summary

This matter concerned an appeal by DJLK against a decision by Comcare to deny her claim for compensation. DJLK sought compensation for an adjustment reaction with mixed emotional features, which she alleged arose out of or in the course of her employment. The Administrative Appeals Tribunal (AAT) was tasked with determining whether this condition constituted an "injury" as defined by the relevant legislation, thereby entitling her to compensation.

The central legal issue before the Tribunal was whether DJLK's adjustment reaction with mixed emotional features met the statutory definition of an "injury" for the purposes of the *Safety, Rehabilitation and Compensation Act 1988* (Cth). This required the Tribunal to consider whether the condition was a physical or mental injury, and if so, whether it was caused by the employment.

The Tribunal found that DJLK's adjustment reaction with mixed emotional features did not fall within the definition of an injury under the Act. Consequently, the Tribunal affirmed Comcare's decision to deny compensation.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

The Tribunal finds that DJLK’s adjustment reaction with mixed emotional features does not come within the definition of injury in the Act and she is not entitled to compensation.DECISION The Tribunal affirms the decisions under review.

Ratio Decidendi

Legal Principle Established

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Division	GENERAL DIVISION
File Numbers	2012/1055 2013/5012
Re	DJLK
APPLICANT
And	Comcare
RESPONDENT

Tribunal	Regina Perton, Member
Date	30 June 2016
Place	Melbourne