Georgakopoulos and Telstra Corporation Limited (Compensation)

This matter concerned a claim for compensation for permanent impairment brought by Mr Georgakopoulos against Telstra Corporation Limited before Senior Member Egon Fice. Mr Georgakopoulos alleged a mental injury, specifically anxiety, irritability, and panic attacks, which he claimed arose from a meeting in December 2009 where his employment was stated to be at risk due to performance issues following his return to work after a shoulder injury. He had not returned to work since that meeting and lodged his claim for permanent impairment in March 2015.

The court was required to determine whether Mr Georgakopoulos' mental injury was permanent, meaning likely to continue indefinitely, and whether he had undertaken all reasonable rehabilitation treatment. Further, the court needed to assess the degree of permanent impairment, specifically the whole person impairment (WPI), and calculate the corresponding non-economic loss based on the Comcare Guide to the degree of permanent impairment. The court also had to consider the likelihood of improvement in Mr Georgakopoulos' condition.

Senior Member Fice found that Mr Georgakopoulos' mental injury was permanent, as it was likely to continue indefinitely and his condition had not altered significantly in the five and a half years since he first complained of impairment. The court accepted that Mr Georgakopoulos had undertaken all reasonable rehabilitation treatment and that his condition was unlikely to improve to any significant extent. Applying the Comcare Guide, the court determined Mr Georgakopoulos' WPI to be 20%, and his non-economic loss to be 81.33%.

Consequently, the court set aside Telstra's decision of 21 July 2015, which had refused Mr Georgakopoulos' claim for permanent impairment and non-economic loss. In substitution, the court found Mr Georgakopoulos entitled to compensation for his permanent impairment and non-economic loss. Pursuant to section 67(8)(b) of the SRC Act, Telstra was ordered to pay the costs of the proceedings incurred by Mr Georgakopoulos.