Hennessey-Milne and Comcare (Compensation)

This matter concerned an appeal by the applicant, Hennessey-Milne, against a decision by Comcare regarding a claim for workers' compensation. The dispute centred on whether the applicant had suffered a compensable psychiatric condition, specifically an ailment or an aggravation of an existing ailment, that was caused by or materially contributed to by his employment with the New South Wales Police Force. The case was heard by Deputy President J Sosso of the Tribunal.

The primary legal issues before the Tribunal were to determine the appropriate diagnosis of the applicant's condition, whether he suffered a disease in 2005 that was materially contributed to by his employment, and whether this condition constituted a compensable ailment. The Tribunal was also required to consider whether the condition was a result of reasonable disciplinary action, an adjustment reaction that fully resolved within 12 months, or if the applicant had made a wilful and false representation. Finally, the Tribunal had to ascertain when the compensable disease ceased to be materially contributed to by employment factors.

The Tribunal found that the applicant was suffering from a mental disease by the conclusion of his employment with the New South Wales Police Force, identifying the preferable diagnosis as acute anxiety neurosis, as given by Dr McKendry. It was determined that the applicant suffered a disease in 2005 that was materially contributed to by his employment, and this was not a result of reasonable disciplinary action. Furthermore, the Tribunal found that the condition was not an adjustment reaction that fully resolved within 12 months of April 2005, nor had the applicant made a wilful and false representation. The Tribunal concluded that the compensable disease ceased to be materially contributed to by employment factors by the time of the reviewable decision. Consequently, the Tribunal affirmed the decision under review.