GAIL BAKER and COMCARE

[2010] AATA 375

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2010] AATA 375

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No  2008/1055

GENERAL  ADMINISTRATIVE  DIVISION		)
Re		GAIL BAKER

Applicant

And COMCARE

Respondent

DECISION

Tribunal Mr John Handley, Senior Member

Date18 May 2010

PlaceMelbourne

Decision The decision under review is affirmed.

(sgd) John Handley

Senior Member

COMPENSATION – applicant alleged depression and anxiety arose out of conduct and behaviour of her manager – extensive prior medical history – medical evidence from one treating general practitioner– clinical notes revealed inaccurate or incomplete histories – conduct and expectations of manager and employer consistent with sound management practice – no material contribution by employment to ailment – decision affirmed

Safety, Rehabilitation and Compensation Act 1988

Comcare v Sahu-Khan [2007] FCA 15

Trewin v Comcare (1998) 156 ALR 615

Canute v Comcare (2006) 226 CLR 535

Comcare v Canute (2005) 148 FCR 232

REASONS FOR DECISION

18 May 2010   Mr John Handley, Senior Member  

1.      The applicant claimed compensation on 18 May 2007 for the condition of major depression and anxiety disorder.  The respondent rejected the application on 25 August 2007 and determined that the injury was unspecified adjustment reaction.  The decision was affirmed following a request for reconsideration on 30 January 2008.  The applicant applies to review that decision.

2.      The hearing of the review was conducted over four days in Wodonga.  A number of persons were called to give evidence and a considerable body of documents were lodged by both parties.  The witnesses heard and the documents lodged will be referred to later in these reasons.

3.      The Tribunal’s transcription equipment failed during the hearing.  Recording the hearing using the facilities installed in the Magistrates’ Court was partially successful.  Accordingly, the Transcript eventually produced and made available to parties, is incomplete.  A copy of my handwritten notes made during the hearing were given to the parties' representatives.

4.      In her application the applicant, who was born on 23 November 1950 (and currently aged 59 years) alleged the injury arose out of her employment with Medicare as a reaction to supervisor's behaviour.  Specifically, the claim form recorded that the events that led to the injury or illness were:

Treatment of my office manager, Pam Brady, unreasonable behaviour including isolating me from work colleagues, excluding me from higher duties, unnecessary monitoring of my work, aggressive and negative attitude and finally behaviour that I consider to be bullying and harassment. (T6, p22)

5.      The applicant later provided a considerable body of information in support of her application (and to clarify the allegations made) in a letter to an officer of the respondent on 25 June 2007 (T15, p69-72).

LEGISLATION

6.      The compensation entitlements of Commonwealth employees are set out in the Safety, Rehabilitation and Compensation Act 1988 (the SRC Act). The SRC Act was amended by the Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2007 (Act No 54 of 2007).  The amendments apply to injuries or diseases occurring on or after 13…