LTLL and Comcare (Compensation)

This matter concerned an application for review of a decision by Comcare to deny compensation to the applicant, LTLL, under the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act). The applicant, employed by an agency since December 2011, sought compensation for a relapse of a previously diagnosed mental illness, which he alleged was caused by workplace stress and an unresolved bullying complaint. Comcare accepted that the applicant had suffered an aggravation of an ailment but disputed that this aggravation was contributed to, to a significant degree, by his employment. The decision was heard by Dr James Popple, Senior Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine three key issues: the appropriate diagnosis of the applicant's ailment, whether the applicant was subjected to bullying and harassment in the workplace, and crucially, whether the aggravation of the applicant's ailment was contributed to, to a significant degree, by his employment. The applicant contended that his relapse constituted a disease for the purposes of section 5B of the SRC Act, thereby entitling him to compensation under section 14.

The Tribunal considered the applicant's extensive medical history, including previous diagnoses of brief reactive psychosis, high functioning autistic spectrum disorder, and possible complex post-traumatic stress disorder. While Comcare accepted an aggravation of an ailment, the central finding was that the applicant's relapse was not contributed to, to a significant degree, by his employment. Consequently, the Tribunal concluded that the relapse did not constitute a disease for the purposes of section 5B of the SRC Act, and therefore was not an injury for the purposes of section 14.

The Tribunal affirmed Comcare's decision, finding that Comcare was not liable to pay the applicant compensation in respect of the relapse of his mental illness.