HNGN and Military Rehabilitation and Compensation Commission (Compensation)

The applicant, HNGN, sought review of a decision by the Military Rehabilitation and Compensation Commission concerning her claim for a service-related injury. The dispute centred on whether HNGN suffered from post-traumatic stress disorder (PTSD) as a result of her service, specifically in relation to an incident referred to as the "Oil Incident" and other alleged stressors during her naval career. The matter was heard by M Evans SM of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether the applicant's condition, as diagnosed by medical experts, met the criteria for PTSD under the relevant legislation, and whether any such condition was attributable to her military service. This required the Tribunal to carefully consider and weigh the conflicting expert medical evidence presented regarding the applicant's diagnosis and the causal link between her service and her psychological state.

The Tribunal analysed the expert opinions of Dr Samuel, who treated the applicant and supported a diagnosis of PTSD, and Dr Terace, an independent assessor who concluded that the applicant suffered from an adjustment disorder with anxiety rather than PTSD. The Tribunal acknowledged the value of a treating practitioner's longitudinal perspective but also noted the potential for therapeutic bias. Conversely, it recognised that independent assessors are familiar with litigation requirements and are less likely to be influenced by treatment advocacy, though their assessments may be more superficial due to limited patient contact. Ultimately, the Tribunal found that while the applicant had experienced significant stressors and may suffer from an adjustment disorder, it could not be reasonably satisfied, based on the evidence, that she specifically suffered from PTSD attributable to her service.

Consequently, the Tribunal affirmed the Reviewable Determination dated 29 September 2016, finding that the applicant had not established that she suffered from PTSD as a result of her military service.