Du and Commonwealth Bank of Australia (Compensation)

This matter concerned an appeal by Ms Du against a decision of Comcare to deny her compensation for injuries. The dispute centred on whether Ms Du suffered from a compensable ailment and whether any such ailment was contributed to, to a significant degree, by her employment. The case was heard by Deputy J W Constance P.

The primary legal issues before the court were whether Ms Du suffered from physical disorders of her cervical and lumbar spine, and a psychotic disorder including adjustment disorder with anxiety and depression. The court was required to determine if these ailments were contributed to, to a significant degree, by her employment, or if other factors were the primary cause. Additionally, the court considered whether Ms Du made wilful and false representations regarding her health when seeking employment.

The court found that Ms Du did suffer from physical disorders in her neck and lower back, as well as psychotic disorders. However, it was not satisfied that her employment contributed to these ailments to a significant degree, noting that other factors were involved. Furthermore, the court found that events in Ms Du's workplace did not contribute to her psychotic condition to a significant degree. The court was satisfied, in the alternative, that Ms Du made wilful and false representations concerning her health.

Consequently, the reviewable decision of Comcare, which affirmed its earlier determination denying liability to compensate Ms Du in respect of the claimed injuries, was affirmed.