Ford and Comcare (Compensation)

This matter concerned an application for review of a decision by the Respondent, Comcare, dated 1 June 2018, which determined that the Applicant was not entitled to compensation under sections 16 and 20 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth). The Applicant had sustained an initial injury in 2003, which was aggravated in 2004, leading to accepted liability for a back sprain and subsequently a major depressive disorder. The Applicant retired from employment in 2009 due to invalidity. In 2015, Comcare notified the Applicant that she no longer suffered from the effects of these conditions.

The primary legal issues before the Tribunal were whether the Applicant's ongoing symptoms or incapacity were sufficient to create an entitlement to benefits under sections 16 and 20 of the Act, and whether, on the balance of probabilities, the Applicant suffered incapacity to work. The Tribunal was required to consider medical evidence, including reports from Dr. Isailovic and Dr. New, and potentially evidence obtained through covert surveillance, to determine the Applicant's current medical status and its impact on her capacity to work.

The Tribunal's reasoning focused on the medical evidence concerning the Applicant's current condition. While Dr. Isailovic noted inconsistencies between the Applicant's reported pain and her behaviours, Dr. New opined that the Applicant continued to experience an adjustment disorder with mixed emotional features. Dr. New described this condition as a common feature in individuals with persistent pain and difficulties adjusting to changed circumstances. The Tribunal accepted, on the balance of probabilities, that the Applicant suffered from this adjustment disorder, finding it to be a disease within the meaning of section 5B of the Act, significantly contributed to by her employment. Consequently, the Tribunal found that the Applicant had sustained an injury under section 5A(1)(a) of the Act.

The Tribunal set aside the Respondent's decision of 1 June 2018 and remitted the matter to the Respondent for reconsideration. This reconsideration was to include determining the appropriate amount of compensation payable for medical treatment related to the Applicant's adjustment disorder with mixed emotional features from 14 March 2018 onwards.