Karabolovska and Comcare (Compensation)

This matter concerned an appeal by Ms Karabolovska against a decision of the respondent, Comcare, which denied liability for an alleged aggravation of a bilateral vision impairment and for ongoing medical expenses and incapacity payments related to a previously accepted psychological condition. The appeal was heard by Mrs J C Kelly, Senior Member.

The primary legal issues before the Senior Member were whether Comcare was liable for the aggravation of Ms Karabolovska's vision impairment, and whether Comcare remained liable to pay medical expenses and incapacity payments in respect of a major depressive disorder for which it had previously accepted liability. This latter issue hinged on whether the exacerbation of the depressive disorder caused by a work-related injury had concluded.

In determining the appeal, the Senior Member considered the contemporaneous documentation available, which did not support Ms Karabolovska's account of the history of her vision impairment. Consequently, the Senior Member affirmed Comcare's decision regarding the vision impairment. Regarding the psychological condition, the Senior Member found that while Ms Karabolovska had an underlying psychological condition, any exacerbation caused by the work-related injury had ended. Therefore, Comcare was not presently liable for ongoing medical expenses and incapacity payments in respect of that condition.