Jamieson and Comcare (Compensation) [2019] AATA 5424 (17 December 2019)
Division:GENERAL DIVISION
File Number(s): 2017/4887
Re:Alexander Jamieson
APPLICANT
AndComcare
RESPONDENT
DECISION
Tribunal:Mr S. Webb, Member
Date:17 December 2019
Place:Canberra
The decision under review is set aside and in substitution thereof the Tribunal decides that Mr Jamieson is entitled to compensation for incapacity from 6 January 2017 to 30 June 2018.
The matter is remitted to Comcare to determine the amount of compensation that is payable to Mr Jamieson, if any.
COMPENSATION – accepted injury – compensation claim for incapacity – meaning of ‘incapacitated for work as a result of an injury’ – causes of incapacity under claim – nature of ‘injury’ and contributory causes – aggravation of adjustment disorder significantly contributed to by employment - ‘disease’ – latent personality trait triggered by employment circumstances - increased susceptibility – increased susceptibility not a disorder or an impairment but a persisting symptom of ‘disease’ – subsequent exposure to perceived stressor triggered recurrence of symptoms causing incapacity – recurrence causally related to accepted ‘injury’ – incapacity for work – causal nexus between incapacity and injury established - decision set aside and substituted
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
Continue reading Jamieson and Comcare (Compensation)
Sign in free to access the full text
Details
AGLC
Jamieson and Comcare (Compensation) [2019] AATA 5424
Case
[2019] AATA 5424
Decision Date
CaseChat Overview and Summary
This matter concerned an appeal by Mr Jamieson against a decision by Comcare. Mr Jamieson had claimed compensation for an adjustment disorder, which he alleged was caused by his employment with the Office of the Official Secretary to the Governor-General. The dispute centred on the diagnosis of his condition and the extent to which his employment contributed to it, particularly in light of his prior health history. The case was heard by Mr S. Webb, a Member of the Tribunal.
The primary legal issue before the Tribunal was to determine whether Mr Jamieson suffered from an adjustment disorder and, if so, whether his employment contributed to a significant degree to that condition, thereby entitling him to compensation. This involved assessing the medical evidence, including reports from treating doctors and a psychiatrist engaged by Comcare, to ascertain the onset and nature of Mr Jamieson's psychiatric condition and its causal links to his work experiences.
The Tribunal considered medical opinions which indicated that Mr Jamieson did not have a history of mental illness prior to 2013. In that year, he experienced stress and anxiety related to his employment, followed by a myocardial infarction. While he returned to work, he continued to experience interpersonal difficulties and a perceived loss of trust in management, leading to panic and anxiety attacks. The Tribunal accepted that Mr Jamieson sustained an adjustment disorder to which his employment contributed to a significant degree. The Tribunal set aside the decision under review and substituted a new decision, finding Mr Jamieson entitled to compensation for incapacity from 6 January 2017 to 30 June 2018. The matter was remitted to Comcare to determine the quantum of compensation payable.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Before dealing with the issues to be decided, I will first address the contextual facts.CONTEXTUAL FACTS In the course of the proceedings, the significance of Mr Jamieson’s experiences as a child arose in the context of medical opinions about the correct diagnosis of any psychiatric condition and factors that may have causally contributed to the condition over time. I do not propose to set out details of Mr Jamieson’s childhood experiences and it is not necessary to do so for present purposes. On the present materials, Mr Jamieson did not have a history of mental illness prior to 2013. In that year, he experienced issues at work in his then employment by the Office of the Official Secretary to the Governor-General (the employing agency) (Government House)[4] which caused him to become stressed and anxious. [4] Section 37 Tribunal Documents (T)9, T10, T20 and T20a. On 13 October 2013, Mr Jamieson experienced an acute myocardial infarction which was successfully treated with the insertion of 3 stents. Nonetheless, his mental health was affected and he became depressed. He returned to work. Things did not go well.[5] The causes of his previous stress and anxiety persisted. He experienced interpersonal difficulties. He perceived that a cohort of previously trusted co-workers turned on him. He was not offered a position he aspired to, which he considered to be his due. He lost trust in management and felt excluded, maligned and betrayed. He experienced panic and anxiety attacks and other psychological symptoms.[5] Ibid, T12b, T12c, T12d, T12e, T12f, T12g, T15, T16, T17 and T18. There is no controversy that Mr Jamieson sustained an adjustment disorder to which his then employment contributed to a significant degree. It was in respect of this injury that he claimed compensation on 22 July 2014.[6][6] T11. On 1 August 2014, Mr Jamieson’s previous employment by the employing agency came to an end.[7][7] T12h. On 2 September 2014, Mr Jamieson provided letters to Comcare, addressing issues he perceived with a Rapid Response Report[8] prepared by Brosnans Corporate Services (the Brosnan report).[9] He also provided additional information to Dr Oelrichs, a consultant psychiatrist briefed by Comcare, who examined him on 29 August 2014.[10][8] T20.[9] T23.[10] T24. On 5 September 2014, Dr Oelrichs produced a report in which she stated –There has been no clear documentation of Mr Jamieson suffering from an adjustment disorder prior to 19 March 2014 however there has been some indication from Mr Jamieson’s history that he developed anxiety in 2013 regarding dealing with workplace events and had also been recommended for some psychological intervention and antidepressant following his myocardial infarct in October 2013.…From review of GP’s notes and from Mr Jamieson’s description it appears that he first developed an adjustment disorder with anxiety and depressed mood following events of 19 March 2014……It is possible that Mr Jamieson has developed adjustment disorder with anxiety and depressed mood following his myocardial infarct in October 2013…His condition in March 2014 is likely to have been a recurrence of the pre-existing adjustment disorder and in relation particularly to workplace stresses on 19 March 2014. The nature of the aggravation is a worsening of the diagnostic indicators…[11][11] T25, folios 184-185.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Mr Jamieson’s entitlement to compensation for incapacity for work, as claimed, remains to be determined and this must be remitted to Comcare.DECISION The decision under review is set aside and, in substitution thereof, the Tribunal decides that Mr Jamieson is entitled to compensation for incapacity from 6 January 2017 to 30 June 2018. The matter is remitted to Comcare to determine the amount of compensation that is payable to Mr Jamieson, if any.