KTKY and Comcare (Compensation)

[2015] AATA 309

KTKY and Comcare (Compensation) [2015] AATA 309 (8 May 2015)

Division

General Administrative Division

File Numbers

2013/0186

2013/4143

2013/6692

Re

KTKY

APPLICANT

And

Comcare

RESPONDENT

DECISION

Tribunal	Deputy President S D Hotop
Date	8 May 2015
Place	Perth

The Tribunal decides as follows:

Application 2013/0186

The decision under review is affirmed.

Application 2013/6692

The decision under review is affirmed.

Application 2013/4143

The decision under review is set aside and, in substitution therefor, it is decided that, for the purpose of determining the amount of weekly compensation for incapacity for work payable to the applicant, pursuant to s 19 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (“SRC Act”), in respect of the compensable injuries relating to her neck and shoulders, for the period from 4 September 2000, the amount of her “normal weekly earnings” is to be calculated under s 8 of the SRC Act on the basis that her normal work hours in the following specified periods were as follows:

·from 4 September 2000 to 30 January 2005 – 25 hours per week;

·from 31 January 2005 to 28 October 2010 – 20 hours per week;

·from 29 October 2010 – 36.75 hours per week.

Application may be made to the Tribunal in relation to the costs of the proceeding in Application 2013/4143 within 14 days of the date of this decision. In the event that no such application is made by that date, the Tribunal orders, pursuant to s 67(8) of the Safety, Rehabilitation and Compensation Act 1988 (Cth), that the costs of that proceeding incurred by the applicant be paid by the respondent in accordance with Section 6.8 of the Tribunal’s Guide to the Workers’ Compensation Jurisdiction.

.......................[sgd].................................................

S D Hotop

Deputy President

CATCHWORDS

COMPENSATION – Commonwealth employees – applicant suffered compensable physical and mental injuries – applicant claimed compensation for incapacity for work resulting from physical injuries – applicant claimed compensation for permanent impairment resulting from physical injuries – applicant claimed compensation for permanent impairment resulting from major depressive disorder – amount of incapacity compensation payable to applicant – applicant’s “normal weekly earnings” – applicant’s post-injury work hours – applicant elected to reduce work hours in certain periods – applicant ceased to be employed by Commonwealth – reviewable decision regarding incapacity payments set aside – applicant suffered permanent impairment as result of compensable injury to neck and each shoulder – degree of permanent impairment resulting from each injury less than 10% – respondent not liable to pay compensation for permanent impairment in respect of applicant’s injury to neck and each shoulder – reviewable decision affirmed – applicant suffered permanent impairment as result of major depressive disorder and chronic pain disorder – applicant’s impairment resulting from chronic pain disorder indistinguishable from impairment resulting from major depressive disorder -  degree of permanent impairment resulting from major depressive disorder 10% -  respondent liable to pay compensation for permanent impairment and non-economic loss in respect of major depressive disorder – reviewable decision affirmed

LEGISLATION

Safety, Rehabilitation and…