Karabolovska and Comcare (Compensation)

This matter concerned an appeal by Ms Karabolovska against a decision by Comcare to affirm an earlier decision regarding her entitlement to compensation for medical treatment costs and incapacity for work. The dispute centred on whether Ms Karabolovska's major depressive disorder, recurrent episode, had been aggravated by a workplace incident on 25 February 2014, and if so, whether that aggravation was ongoing and causally linked to her claimed expenses and incapacity since 30 September 2017. The case was heard by Deputy J W Constance P of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine, on the balance of probabilities, whether Ms Karabolovska's medical expenses and any incapacity for work incurred on or after 30 September 2017 were a result of the aggravation of her pre-existing depressive condition caused by the workplace incident. This required an evaluation of the medical evidence to ascertain if the effects of the incident had persisted beyond that date or if her condition had returned to its baseline level, with any subsequent issues arising from other factors.

The Tribunal's reasoning focused on assessing the medical opinions presented. While acknowledging the long-term treatment provided by Dr Pakula, the Tribunal found that he had not satisfactorily explained how the post-incident depressive condition differed from Ms Karabolovska's previous experiences. The Tribunal also considered the evidence of Dr Champion, who opined that the contribution of the workplace incident to Ms Karabolovska's psychological condition would have ceased by the time she left her employment in December 2015. Crucially, the Tribunal was not satisfied that Ms Karabolovska's recollection was always reliable, noting inconsistencies and the diminished reliability of her evidence due to her convictions about other matters, such as her eyesight. Ultimately, the Tribunal concluded that prior to 30 September 2017, Ms Karabolovska had ceased to suffer from the aggravation of her depression and anxiety caused by the 2014 incident.

The Tribunal affirmed the reviewable decision. Consequently, Comcare was not liable to compensate Ms Karabolovska in respect of the cost of any medical treatment obtained by her in relation to the compensable injury on or since 30 September 2017, nor for any incapacity for work after that date, as these were deemed to be a result of factors other than the workplace incident.