Jamieson and Comcare (Compensation)

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.