McNaught and K & S Freighters Pty Ltd (Compensation)

This matter concerned an appeal by Ms McNaught against a decision by K & S Freighters Pty Ltd to deny her claim for compensation under section 14 of the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act). Ms McNaught alleged she had suffered a psychological injury, specifically Adjustment Disorder, as a result of her employment.

The Tribunal was required to determine several key issues. Firstly, whether Ms McNaught suffered an 'ailment' or an 'aggravation of an ailment' as defined by the SRC Act. Secondly, if such an ailment existed, whether her employment contributed to it to a significant degree, thereby constituting a 'disease' under section 5B of the Act. Thirdly, the Tribunal had to consider whether any contributing employment factors constituted 'reasonable administrative action taken in a reasonable manner' under section 5A of the SRC Act. Finally, the Tribunal was to assess whether Ms McNaught had made a 'wilful and false representation' under subsection 7(7) of the SRC Act regarding any prior history of such a disease.

The Tribunal's reasoning focused on the evidence presented, particularly the medical history and expert opinions. It found that Ms McNaught's prior history of anxiety and depression, including the use of Sertraline (Zoloft) and Diazepam (Valium) for stress and personal issues dating back to at least 2002, was significant. The Tribunal concluded that the evidence did not establish that Ms McNaught suffered a 'disease' as defined by section 5B of the SRC Act, nor an 'injury' under section 5A. Consequently, K & S Freighters was not liable to pay compensation. The Tribunal affirmed the decision under review.