Franks and Comcare (Compensation)

The Administrative Appeals Tribunal considered a claim for compensation by dependants following the death of a Commonwealth employee. The deceased had an accepted claim for workers' compensation for Guillain-Barré syndrome. The dependants sought compensation on the basis that this condition caused or contributed to a subsequent diagnosis of nephrotic syndrome, which ultimately led to the employee's death.

The Tribunal was required to determine whether the Guillain-Barré syndrome suffered by the employee caused or contributed to the development of nephrotic syndrome. Further, it had to consider whether any underlying frailty caused by the Guillain-Barré syndrome resulted in the employee's death, and whether, absent these conditions, the death would have occurred at a significantly later time. The Tribunal also had to assess the impact of other diseases that may have contributed to the employee's death.

Deputy President B W Rayment Oam Qc P found that there was insufficient medical knowledge to establish a causal link between the Guillain-Barré syndrome and the nephrotic syndrome, or that the former caused or contributed to the latter in a way that resulted in death. The Tribunal affirmed the decision that the dependants were not entitled to compensation on this basis.