GEOFFREY STEVEN WEIR and REPATRIATION COMMISSION

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2009] AATA 902

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No 2008/4179

VETERANS’ APPEALS  DIVISION		)
Re		GEOFFREY STEVEN WEIR

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal

Senior Member M D Allen

Dr S. H. Toh, Member

Date               25 November 2009

PlaceSydney

Decision  The decision under review is affirmed.

.....................[sgd].........................

M. D. Allen
  Presiding Member

Psychosocial stressor(s) is defined in clause 7 of the said Instrument as:

“means an injury, disease or occurrence that evokes in an individual feelings of substantial anxiety or stress (for example being shot at, being involved in a motor vehicle accident, experiencing a failure or loss such as divorce; or receiving a diagnosis of a disabling medical condition such as a malignancy or chronic cardiorespiratory disorder”);

which refers to traumatic events.

12.     Instrument No.37 of 2008 states as factors connecting adjustment disorder with service not only clause 6(a) or 6(b), as follows:

6(a) experiencing a category 1A stressor within the three months before the clinical onset of adjustment disorder; or

6(b) experiencing a category 1B stressor within the three months before the clinical onset of adjustment disorder;...

but significantly for the Applicant’s case, the following factor 6(h):

“6(h) having chronic pain of at least three months duration at the time of the clinical onset of adjustment disorder;”

which to our mind is specific and is the factor applicable to this Applicant.

13.     In passing, we must state that we have difficulty reconciling factor 6(h) with the diagnostic criteria for Adjustment Disorder in that criterion 3A reads:

“the development of emotional or behavioural symptoms in response to an identifiable stressor(s) occurring within 3 months of the onset of the stressor(s).”

Factor 6(h) in referring to chronic pain “of at least three months duration” quite properly allows for chronic pain extending over a period before the onset of an Adjustment Disorder, and allows for the stoic, yet diagnostic criterion 3A requires occurrence of the Anxiety Disorder within three months of the onset of the stressor(s). (Tribunal’s emphasis).

14.     Chronic pain is defined in Instrument No.37 of 2008 as in the following terms:

“chronic pain” means continuous or almost continuous pain, which may or may not be ameliorated by analgesic medication and which is of a level to cause interference with usual work or leisure activities or activities of daily living;”

As we understand the Respondent’s case in this matter, it was not necessary to make a decision as to whether the Applicant does suffer chronic pain as a result of his right knee condition.

15.     We are satisfied however that the Applicant has not suffered a category 1A or category 1B stressor as those terms are defined in Instrument No.37 of 2008, nor has he suffered what in Instrument No.57 of 1996 was described as a psychosocial stressor.

16.     The applicant’s evidence was that although trained as a fitter he took up interstate truck driving as it provided more money.  Dr Dinnen in his report of 7 May 2009 refers…