Fiddian and Comcare (Compensation)

This matter concerned an application by the Applicant, Ms Fiddian, against Comcare regarding a claim for workers' compensation. The dispute centred on whether the Applicant's employment contributed to a significant degree to her adjustment disorder with anxiety and depressed mood, and whether she was entitled to ongoing compensation. The case was heard by Linda Kirk SM.

The court was required to determine several legal issues. These included whether the Applicant suffered an 'ailment' or an 'aggravation' of an ailment for the purposes of the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act). Crucially, the court had to ascertain whether the Applicant's employment contributed to a significant degree to her ailment, thereby qualifying it as a 'disease' under s 5B(1) of the SRC Act. Further questions involved whether the ailment was excluded from being an 'injury' under s 5A(1)(a) by reason of s 7(7) of the SRC Act, and whether the Applicant continued to suffer from a disease or aggravation thereof that was significantly contributed to by her employment, leading to a need for medical treatment and incapacity for work.

The Tribunal found that the Applicant suffered from 'adjustment disorder with anxiety and depressed mood', with severe panic attacks being a feature of this condition. It accepted that the April 2014 incident, which involved witnessing a violent assault on a student, was a significant stressor. The Tribunal also acknowledged that the rehabilitation process itself acted as a stressor, reminding the Applicant of the workplace event. The Tribunal set aside the previous decisions of Comcare and found that Comcare was liable to pay compensation from the date of the indexed injury until 2 May 2017, and that the Applicant was entitled to incapacity payments for the period of 7 November 2016 to 16 December 2016.