DJVD and Comcare (Compensation)

This matter concerned an appeal by DJVD against a decision by Comcare to cease liability for compensation under the *Safety, Rehabilitation and Compensation Act 1988* (Cth). The dispute centred on whether DJVD continued to suffer from the effects of her compensable injuries, specifically an injury affecting her cervical spine and a major depressive disorder. The case was heard by Dr Stewart Fenwick, Senior Member.

The legal issues before the Tribunal were whether DJVD’s physical symptoms were a result of underlying degenerative change, and whether her psychiatric condition continued to be contributed to, to a significant degree, by her employment. The Tribunal was required to determine the extent to which DJVD's current conditions were attributable to her work-related incidents and pre-existing factors, and whether compensation under sections 16 and 20 of the Act remained appropriate.

The Tribunal reasoned that while DJVD's physical cervical spine condition might be linked to degenerative changes, her major depressive disorder had transformed into a more serious and intractable condition. Applying principles from cases such as *Eaves v Blaenclydach Colliery Company Ltd* and *Commonwealth of Australia v Keith Colville Smith*, the Tribunal found that mental effects secondary to an injury do not necessarily cease when the physical injury resolves. Despite DJVD's vulnerability and pre-existing factors, the Tribunal was satisfied that her psychiatric condition was contributed to, to a significant degree, by her employment.

Consequently, the Tribunal set aside Comcare's decision. It determined that from 13 September 2017, DJVD was no longer entitled to compensation for the aggravation of her physical cervical spine conditions. However, it also found that from that date to the present, DJVD continued to suffer from Major Depressive Disorder and remained entitled to compensation under sections 16 and 20 of the Act. The Tribunal also directed that parties could apply for costs within 14 days.