Kennedy and Comcare (Compensation)

This matter concerned an appeal by Mrs Kennedy against decisions by Comcare to discontinue her entitlement to compensation. The dispute centred on whether Mrs Kennedy continued to suffer from a compensable injury or disease arising from her employment with a licensed corporation. The decision was made by D. J. Morris SM in the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether Mrs Kennedy continued to suffer from a diagnosable psychiatric condition at the date of the determination, and if so, whether there was a continuing liability for compensation under the *Safety, Rehabilitation and Compensation Act 1988*. The Tribunal was required to consider the medical evidence and the applicant's own statements to determine if the accepted conditions had enduring effects connected to her employment.

The Tribunal's reasoning was primarily based on the medical evidence, including reports from Dr Walton and Ms Genovese, and medical notes from Dr Harrison. This evidence consistently concluded that Mrs Kennedy was not suffering from any diagnosable psychiatric condition on the relevant dates. Mrs Kennedy's own letter to Dr Walton indicated that her depression and irritability had resolved by July 2014, although she noted a vulnerability to anxiety. The Tribunal distinguished between vulnerability to a condition and suffering from it. Furthermore, the Tribunal noted that any frustration or anxiety Mrs Kennedy experienced was related to the proceedings and delays in resolving her claim, rather than being a sequelae of her employment. The Tribunal applied the principle established in *Australian Telecommunications Commission v Tzikas* that resentment about lower earnings or delays in litigation is remote from employment and not a compensable factor.

Consequently, the Tribunal affirmed Comcare's reviewable decisions of 30 November 2016 and 8 November 2016. These decisions found that Comcare had no present liability to Mrs Kennedy for medical expenses and incapacity payments for her accepted conditions, namely the aggravation of adjustment disorder with mixed emotional features and the aggravation of adjustment reaction with anxious mood, under sections 16 and 19 of the *Safety, Rehabilitation and Compensation Act 1988*.