Kucharski and Comcare (Compensation)

This matter concerned an appeal by Ms Kucharski against a decision by Comcare to affirm its previous decision that she did not continue to suffer the effects of a compensable injury, nor did she have a permanent impairment. The case was heard by D K Grigg M.

The court was required to determine whether Ms Kucharski continued to suffer from the effects of a compensable injury and whether she had sustained a permanent impairment. This involved assessing the evidence regarding the onset and nature of her psychological conditions, and whether these conditions were linked to her employment.

The court considered the evidence of Dr Shaw, who had initially assessed Ms Kucharski. Dr Shaw testified that he had not been aware of Ms Kucharski's prior psychological history, including diagnoses of recurrent depressive episodes since 1994, reactive depression or adjustment disorder in 2002, and post-traumatic stress disorder and adjustment disorder. He also noted that he was unaware of her experience of an emotionally abusive relationship in 1993/1994. Dr Shaw acknowledged that this previously undisclosed information was relevant to Ms Kucharski's background and indicated a relapsing or remitting depressive disorder. He also noted that the information about the abusive relationship was relevant. Dr Shaw had previously opined that there was insufficient evidence to diagnose a personality disorder and no evidence of long-term personality dysfunction. He understood Ms Kucharski's suicidal thoughts to be a reaction to the possibility of job loss due to a restructure and redundancy, indicating a desire to continue working.