DMQM and Comcare (Compensation)

This matter concerned an appeal by the Applicant against a decision by Comcare. The Applicant, who had been employed by the Department since 2000, suffered from Crohn's disease and had been on immunosuppressive medication. In April 2019, while preparing food at work, she cut her finger. A colleague with a visible cold sore then placed his mouth on her injured finger. The Applicant subsequently sought medical attention, expressing concern about contracting a herpes simplex virus (HSV-1) infection, but the treating doctor ordered tests for HIV and Hepatitis B or C, not HSV-1. The Applicant later developed a mental ailment.

The central legal issues before the Tribunal were whether the Applicant's alleged HSV-1 infection and her subsequent mental ailment constituted an "injury" that arose out of or in the course of her employment, as defined by the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act). The Tribunal was required to determine if the Applicant had adequately included the alleged injury on her claim form and whether the conditions she suffered from were compensable diseases or mental injuries under the Act.

The Tribunal, presided over by J Rau SM, reasoned that the Applicant had not established that she contracted HSV-1 as a result of the workplace incident. Furthermore, the medical evidence indicated that the treating doctor's decision not to test for HSV-1 was reasonable in the circumstances, given the immediate need to exclude more serious and immediately treatable conditions like HIV and Hepatitis. The Tribunal found that neither the HSV-1 infection nor the Applicant's mental ailment met the criteria for a compensable injury under the SRC Act.

Consequently, the Tribunal affirmed the decision under review, finding that neither the Applicant's HSV-1 infection nor her mental ailment were compensable under the SRC Act.