Gocher and Comcare (Compensation)

This matter concerned an appeal by Ms Gocher against a decision by Comcare regarding her workers' compensation entitlements. Ms Gocher alleged that she suffered from chronic fatigue syndrome as a result of a Q fever vaccination. The central dispute was whether there was a causal link between the Q fever vaccination and Ms Gocher's chronic fatigue syndrome. The decision was made by Deputy Rayment QC P.

The court was required to determine whether Ms Gocher's chronic fatigue syndrome was caused by the Q fever vaccination. This involved assessing the conflicting expert medical evidence presented by Professor Lloyd and Professor Carr regarding the diagnosis of chronic fatigue syndrome and its causation in Ms Gocher's specific circumstances, particularly in light of her pre-existing back pain and reported symptoms prior to vaccination.

Deputy Rayment QC P preferred the evidence of Professor Lloyd, finding his expertise and reasoning more persuasive. While acknowledging Professor Carr's concerns about the lack of objective data and the possibility of pre-existing symptoms, Professor Lloyd's analysis, which considered guidelines for assessing fatigue states and causality following immunisation, was found to establish a causal link between the Q fever vaccination and Ms Gocher's chronic fatigue syndrome to a high level of diagnostic certainty. The court was satisfied to rely on Professor Lloyd's evidence in this regard.

Consequently, the reviewable decision was set aside. The matter was remitted to Comcare for a reassessment of Ms Gocher's entitlements for incapacity and medical treatment, with payments to be reinstated from the date they were discontinued. Comcare was also ordered to pay Ms Gocher's costs.