Kowal and Comcare (Compensation)

This matter concerned an application for review of a decision by Comcare, which had affirmed earlier determinations regarding the applicant's claim for compensation. The applicant had suffered post-traumatic stress disorder (PTSD) following an initial incident and sought compensation for continuing incapacity, arguing that subsequent workplace events exacerbated her condition. Comcare contended that any psychological incapacity arising from these later events constituted a new injury, distinct from the initial incident.

The court was required to determine whether the applicant's psychological incapacity, leading to her absences from work on 1 and 2 December 2016 and from 14 December 2016 onwards, was a continuation or exacerbation of the PTSD stemming from the initial incident, or if it constituted a new and separate injury. This involved assessing the causal link between the initial incident and the applicant's subsequent periods of incapacity, particularly in light of events that occurred in October and December 2016.

The court found that the applicant suffered from PTSD as a result of the initial incident and that her symptoms were exacerbated in December 2016. Applying the principles of causation, the court was satisfied that the cumulative stressors of the later events overwhelmed the applicant's diminished resilience, which was a direct consequence of the initial PTSD. Therefore, the incapacity was found to be attributable to the initial incident. The court set aside the reviewable decision and ordered Comcare to pay compensation for the applicant's incapacity for work for the periods of 1 and 2 December 2016, and from 14 December 2016 to 23 July 2018. A decision on costs was reserved, with parties directed to file written submissions.