Francis and Comcare (Compensation)

This matter concerned an application by an engineer for review of decisions made by Comcare. The applicant sought review of decisions dated 29 July 2014 and 1 August 2014, which related to compensation for injuries resulting in incapacity. The applicant had been employed as an engineer and was placed in a Test Team for an E-Tax project. Following a meeting on 21 November 2012, and a subsequent meeting on 5 March 2013, the applicant developed a psychiatric condition.

The primary legal issues before the Tribunal were whether the applicant suffered from a disease within the meaning of the Safety, Rehabilitation and Compensation Act 1988 (Cth), and if so, whether that disease was contributed to in a significant degree by his employment. The Tribunal also considered the definition of "reviewable decision" under the Act, which included decisions made under section 62, concerning the reconsideration, affirmation, revocation, or variation of an initial determination.

The Tribunal found that the applicant suffered from major depressive disorder and generalised anxiety disorder, which constituted a disease within the meaning of the Act. It relied on the medical opinion of a consultant psychiatrist, Dr Takyar, who concluded that these conditions were contributed to in a significant degree by the applicant's employment, specifically by the meetings of 21 November 2012 and 5 March 2013. The Tribunal noted that there was no prior history of psychiatric illness and that the workplace incidents appeared to be the sole cause of the applicant's condition.

The Tribunal set aside the reviewable decisions of Comcare and substituted its own decision. The respondent was ordered to pay the applicant’s costs and disbursements.