Milevska and Comcare (Compensation)

This matter concerned an appeal by the applicant, Ms Milevska, against decisions made by Comcare regarding her entitlement to compensation for injuries sustained in a workplace incident. The applicant was trapped in a lift at her workplace, an event which she described as causing significant panic and fear. She subsequently experienced physical pain in her neck and upper spine, as well as psychological distress including adjustment disorder and post-traumatic stress disorder. The dispute centred on whether Comcare should continue to accept liability for her physical injuries and whether it should accept liability for her psychological condition, including incapacity payments and medical treatment.

The Administrative Appeals Tribunal (AAT) was required to determine two primary issues. Firstly, whether the applicant had recovered from her physical injuries as at 18 January 2017 and if liability for these injuries should continue to be accepted. Secondly, whether the applicant's psychological condition continued to relate to the lift incident and if liability should be accepted for incapacity payments from 27 April 2017 and for medical treatment from 23 November 2016. The Tribunal also considered its jurisdiction to review decisions made under section 62 of the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act), noting that the applicant had lodged her applications within the prescribed timeframes.

The Tribunal affirmed the decision regarding the applicant's physical injuries, finding that liability should continue to be accepted. However, it set aside the decision concerning the psychological injury. The Tribunal reasoned that while the physical injury was a direct consequence of the incident, the psychological injury, specifically adjustment disorder and post-traumatic stress disorder, was not sufficiently established as arising from the employment incident itself. The Tribunal applied principles relating to the distinction between a disease and an injury other than a disease, and the requirement for employment to be a contributing factor to the injury.

The Tribunal ordered that the Reviewable Physical Injury Decision be affirmed, meaning Comcare's acceptance of liability for the physical injuries would continue. Conversely, the Reviewable Psychological Injury Decision was set aside, and the matter remitted for reconsideration regarding the psychological condition.