Henry and Comcare (Compensation)

This matter concerned a claim for compensation by the applicant, Mr Henry, against Comcare. The dispute centred on whether Mr Henry suffered a permanent impairment of 10% or more as a result of an adjustment disorder with mixed emotional features, which had been accepted as a compensable condition arising from his employment as a courier driver. The applicant had injured his right elbow in a workplace fall in 2010, leading to subsequent surgeries and a period of rehabilitation. He later lodged a claim for anxiety and depression, which Comcare accepted liability for. The core of the present proceedings before the Tribunal was to determine the extent of Mr Henry's permanent impairment and his entitlement to compensation under the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act).

The legal issues before the Tribunal were whether the applicant suffered from a permanent impairment resulting from his accepted adjustment disorder, and if so, whether the degree of that impairment was 10% or more. A further consideration was the effect of the applicant's alcohol consumption on his overall impairment. The Tribunal was required to assess the applicant's entitlement to compensation under sections 24 and 27 of the SRC Act, which relate to permanent impairment and compensation for non-economic loss, respectively.

The Tribunal considered various medical reports, including those from consultant psychiatrists Dr Smith, Dr Chaudhary, and Dr Barrett. While Dr Smith had previously assessed the applicant's impairment at 5%, which did not meet the threshold, the Tribunal gave greater weight to the opinions of other medical professionals and the applicant's ongoing subjective experience of distress and perceived unfair treatment at work. The Tribunal found that the applicant's level of impairment was 10% in accordance with the *Guide to the Assessment of the Degree of Permanent Impairment*. This assessment took into account the applicant's adjustment disorder with mixed emotional features.

Consequently, the Tribunal set aside the previous reviewable decision and substituted it with a decision that the applicant has a 10% whole person impairment. This outcome rendered Comcare liable to pay the applicant compensation pursuant to sections 24 and 27 of the SRC Act.