Duffy and Comcare (Compensation) [2016] AATA 546 (29 July 2016)
Division
GENERAL DIVISION
File Number
2014/5423
Re
Shaun Duffy
APPLICANT
And
Comcare
RESPONDENT
DECISION
Tribunal Deputy President J W Constance
Date 29 July 2016 Place Sydney 1. The decision under review, being the decision of Comcare to reject the Applicant’s claim for compensation for an aggravation of ‘major depressive disorder, single episode’, made 30 June 2014, is set aside.
2. In substitution, it is decided that Comcare is liable to compensate Mr Duffy in respect of the injury.
3. Within 14 days of the date of this decision each party may apply to the Tribunal for directions in relation to costs. Should such an application not be made the respondent shall pay the costs of the proceedings incurred by the Applicant.
.............[sgd]...........................................................
J W Constance
Deputy PresidentCATCHWORDS
COMPENSATION - workers compensation - aggravation of mental injury - major depressive disorder - whether aggravation was a result of reasonable administrative action taken in respect of the Applicant’s employment - whether the administrative action contributed to the aggravation to a significant degree - decision set aside and substituted.
LEGISLATION
Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4(1), 5A, 5B, 14(1)
Safety Rehabilitation and Compensation and Other Legislation Amendment Act 2007 (Cth)
CASES
Comcare v Sahu-Khan [2007] FCA 15
Comcare v Caldwell [2008] FCA 2015
Commonwealth Bank of Australia v Reeve and Another (2012) 199 FCR 463
Drenth v Comcare (2012) 128 ALD 1
Dunstan v Comcare [2011] FCAFC 108
Hart v Comcare (2005) 145 FCR 29
Wang v Comcare [2012] AATA 242
Wiegand v Comcare [2006] FCA 1620REASONS FOR DECISION
Deputy President J W Constance
29 July 2016
INTRODUCTION
There is only one main issue between the parties in this application. It has arisen in the following circumstances.
During 2012 and 2013 Mr Duffy was a member of the Commonwealth Public Service. He is seeking compensation for an aggravation of an underlying depressive condition; the aggravation was suffered by him between 29 October 2012 and 27 June 2013. His claim has been made under the Safety, Rehabilitation and Compensation Act 1988 (Cth).
Comcare accepts that it would be liable to compensate Mr Duffy in respect of the aggravation but for section 5A of the Act which defines “injury” for the purposes of the Act. Subsection 5A(1) excludes from the definition of injury an “aggravation suffered as a result of reasonable administrative action taken in a reasonable manner in respect of the employee’s employment”.
Comcare has identified one meeting between Mr Duffy and his supervisor which it says was reasonable administrative action taken in a reasonable manner in respect of his employment. Comcare argues that the aggravation suffered by Mr Duffy was suffered as a result of this administrative action.
For the reasons which follow the decision under review will be set aside. In substitution it will be decided that Comcare is liable to compensate Mr Duffy in respect of the injury he has suffered.
BACKGROUND
Mr Duffy commenced working…
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- AGLC
- Duffy and Comcare (Compensation) [2016] AATA 546
- Case
- [2016] AATA 546
- Decision Date
CaseChat Overview and Summary
The Tribunal was required to determine whether the aggravation of Mr. Duffy's depressive condition was a result of reasonable administrative action taken in relation to his employment, and if so, whether that administrative action contributed to the aggravation to a significant degree.
Deputy J W Constance P found that the decision under review, which rejected Mr. Duffy's claim, would be set aside. The Tribunal reasoned that it was not satisfied that the aggravation of Mr. Duffy's depressive condition was a result of administrative action taken in relation to his employment. Consequently, the Tribunal substituted its own decision, finding Comcare liable to compensate Mr. Duffy in respect of the injury he had suffered.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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