Doering and Military Rehabilitation and Compensation Commission (Compensation)

This matter concerned an application by Mr Doering against the Military Rehabilitation and Compensation Commission regarding compensation for Post-Traumatic Stress Disorder (PTSD). The dispute centred on the date of onset of Mr Doering's PTSD as a permanent impairment, which had implications for his eligibility for compensation under the *Safety, Rehabilitation and Compensation Act 1988* (Cth). The case was heard by A Ward M on the papers, with the parties filing a Statement of Agreed Facts and specialist medical reports.

The primary legal issue before the court was to determine when Mr Doering's PTSD injury became a permanent impairment. This was crucial because the respondent contended that the injury occurred in 1987, prior to the commencement date of 1 December 1988, rendering it non-compensable under section 124(3) of the *SRC Act*. The applicant, conversely, had indicated he first received medical treatment for PTSD in 2012.

The court considered the principle established in *Excell v Comcare*, which requires an assessment of whether a diagnosed psychological condition was permanent at the relevant time, with the benefit of hindsight. In this instance, medical opinions differed on the onset of the permanent impairment. Professor Cherrie Galletly, in her report, recorded Mr Doering's account of experiencing PTSD symptoms in 1987 during a manic episode, which he described as a period of perceived captivity and torture.

Ultimately, the Tribunal found that the PTSD injury was permanent when Mr Doering was exposed to the trauma in 1987, and therefore prior to 1 December 1988. Consequently, the reviewable decision of 26 August 2016 was set aside and substituted with a decision that Mr Doering was not entitled to compensation for permanent impairment for PTSD under sections 24 and 27 of the *SRC Act*.