Martin and Comcare (Compensation) [2018] AATA 2870 (3 August 2018)
Division:GENERAL DIVISION
File Number(s): 2013/0404
Re:Peta Martin
APPLICANT
AndComcare
RESPONDENT
DECISION
Tribunal:Deputy President J W Constance
Date:3 August 2018
Place:Sydney
1. The reviewable decision made by Comcare on 6 December 2012 denying liability to compensate Ms Martin for a depressive disorder is set aside.
2. In substitution it is decided that, in accordance with section 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth), Comcare is liable to pay compensation to Ms Martin in respect of an injury, being an Adjustment Disorder, suffered by her as an employee of the Australian Broadcasting Commission.
............................[sgd]............................................
J W Constance
Deputy President
Catchwords
COMPENSATION – whether Applicant suffered from an ailment or aggravation of such an ailment – whether the ailment or aggravation was contributed to by the Applicant’s employment – was the ailment or aggravation suffered as a result of administrative action taken in respect of the Applicant’s employment – whether administrative action was reasonable – whether administrative action was taken in a reasonable manner – reviewable decision set aside
Legislation
Safety, Rehabilitation and Compensation Act 1988 (Cth)
Cases
Comcare v Drinkwater [2018] FCAFC 62
Comcare v Martin [2016] HCA 43
Comcare v Martinez (No 2) [2013] FCA 439
Commonwealth Bank of Australia v Reeve and Another [2012] FCAFC 21
Director-General of Education v Suttling (1987) 162 CLR 427Keen v Workers Rehabilitation and Compensation Corporation (1998) 71 SASR 42
REASONS FOR DECISION
A: INTRODUCTION
Ms Martin commenced employment at the Australian Broadcasting Corporation as a Producer in its Renmark South Australia studios in 2010. The Corporation will be referred to as the “ABC” in these reasons.
In June 2012, Ms Martin lodged a claim for compensation[1] in respect of an injury described as “anxiety/depression” which she claimed was suffered by her as a result of “being subjected to repeated inappropriate behaviour”[2] in her workplace. Her claim was made under the Safety, Rehabilitation and Compensation Act 1988 (Cth).
[1] Exhibit RR1 at 7.
[2] Exhibit RR1 at 10.
Comcare determined that it was not liable to pay compensation in respect of the claimed injury. Ms Martin requested this be reconsidered. On 6 December 2012, Comcare decided to affirm its earlier determination.[3] In January 2013, Ms Martin applied to the Tribunal to review Comcare’s decision.[4]
[3] Exhibit RR1 at 192.
[4] Exhibit RR1 at 13.
The Tribunal initially heard and determined Ms Martin's claim in 2014. Thereafter a series of appeals culminated in her application coming before the High Court of Australia.[5] The High Court ordered that the matter be remitted to the Tribunal to be heard and determined according to law. Comcare accepted that when the matter again came before the Tribunal Ms Martin would not be constrained by prior findings of fact made by the Tribunal.
[5] Comcare and Martin (2016) 258 CLR 467; [2016] HCA 43.
For the reasons which follow the decision under review will be set aside. In substitution…
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CaseChat Overview and Summary
The court was required to determine whether Ms Martin suffered from an ailment or an aggravation of an ailment, and if so, whether that ailment or aggravation was contributed to by her employment. A key legal issue was whether the ailment or aggravation was suffered as a result of administrative action taken in respect of her employment, and if so, whether that administrative action was reasonable and taken in a reasonable manner.
The court preferred the opinion of Dr Clarke over that of Dr Begg regarding the timing of Ms Martin's psychiatric condition. Dr Clarke maintained that Ms Martin suffered significant psychiatric symptoms prior to March 2012, diagnosing a psychiatric condition before a meeting on 16 March 2012. While Dr Begg initially expressed a similar opinion, he later revised it, suggesting Ms Martin experienced intermittent episodes of distress prior to March 2012, but not a disorder of a persistent nature impacting her work. The court found Dr Begg's reasoning for this change unconvincing, particularly his reliance on a summary of her General Practitioner's notes, which may not have accurately reflected the original opinion. The court concluded that Ms Martin suffered an Adjustment Disorder no later than August 2011, which predated the administrative action concerning her failure to obtain a specific position.
Given this finding, the court determined that the administrative action did not contribute to her suffering the ailment. Comcare conceded that the ailment was significantly contributed to by her employment. Accordingly, the reviewable decision by Comcare denying liability was set aside, and it was decided that Comcare was liable to pay compensation to Ms Martin for an Adjustment Disorder suffered as an employee of the Australian Broadcasting Commission.
Orders
Orders of the court
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Background to the litigation
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Evidence
Evidence Before The Court
Decision
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Legal Principle Established
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