Fairall and Comcare (Compensation)

This matter concerned a claim for workers' compensation by the Applicant, Ms Fairall, against her employer, Comcare, for a psychological condition. The Applicant alleged that stressors in her employment contributed to her condition, while Comcare contended that any such ailment or aggravation was a result of reasonable administrative action taken in a reasonable manner, thereby excluding liability. The case was heard by Senior Member M J McGrowdie.

The primary legal issues before the court were whether the Applicant suffered a work-related psychological condition that constituted an ailment or aggravation materially contributed to by her employment, and alternatively, whether any such condition arose from reasonable administrative action taken in a reasonable manner, which would negate Comcare's liability to pay compensation.

Senior Member McGrowdie found that the Applicant did suffer a psychological injury, specifically an adjustment disorder, on limited occasions between October 2016 and March 2017. The court determined that while the Applicant had a history of psychological conditions and some personal stressors, the events and changes in her employment, particularly concerning proposed team and workstation alterations from August 2015 onwards, contributed to her condition. The court set aside the reviewable decision of 4 October 2017 and substituted a decision that the Applicant suffered a compensable injury pursuant to section 14 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth). Comcare was ordered to pay the Applicant's costs of the proceedings.