Graham and Comcare (Compensation)

This matter concerned a review of Comcare's decision to affirm its earlier determination that Mr Graham had not suffered an injury for which compensation was payable. Mr Graham had been diagnosed with an adjustment disorder with anxiety, and the central dispute was whether this condition was contributed to, to a significant degree, by his employment. The case came before the Tribunal for a merits review of Comcare's decision.

The legal issues before the Tribunal were whether the direction given to Mr Graham to return to work, while he was on sick leave and at home, bore a sufficiently close relationship to his employment to trigger liability for compensation. Comcare argued that an act merely incidental to the employment relationship was insufficient, and the act must arise from the employee's duties, the conditions of work, or the terms of engagement. The Tribunal was required to determine the scope of employment in the context of a direction issued to an employee outside the traditional workplace.

The Tribunal applied the principles established in *Semlitch*, which requires identifying an incident or state of affairs to which the worker was exposed in the performance of their duties and to which they would not otherwise have been exposed. The Tribunal noted that the fact an injury occurred outside the workplace does not automatically exclude liability, particularly in the 21st century where the scope of employment can extend beyond the physical workplace, as supported by *Mills*. The Tribunal found that the direction to return to work was a lawful direction and that Mr Graham's injury was significantly contributed to by his employment.

The Tribunal concluded by setting aside Comcare's reviewable decision of 11 April 2016. In substitution, the Tribunal determined that Mr Graham suffered an injury under section 14 of the Act, being an adjustment disorder with anxiety, with a date of injury of 22 December 2015. The Tribunal also made directions regarding the costs of the proceedings.