Mitchell and Comcare (Compensation)

This matter concerned an appeal by Mr Mitchell against a decision by Comcare to affirm a determination that he no longer suffered from a compensable injury. Comcare had initially accepted liability for an aggravation of an adjustment disorder with anxious and depressed mood. However, a later determination found that Mr Mitchell's condition was the result of a pre-existing, constitutional personality disorder, and therefore he was no longer presently entitled to compensation under sections 16 and 19 of the *Safety, Rehabilitation and Compensation Act 1988*.

The Tribunal was required to determine whether Mr Mitchell continued to suffer from the effects of his compensable injury, specifically an adjustment disorder with anxiety and depressed mood, which had been significantly contributed to by his employment. This involved assessing whether his condition was a consequence of his employment or a pre-existing personality disorder, and whether the sequelae of the employment stressor were ongoing.

The Tribunal considered extensive medical evidence from various practitioners. While some reports suggested a possible residual psychological vulnerability or constitutional cause for Mr Mitchell's condition, the Tribunal found the weight of medical evidence indicated that Mr Mitchell continued to suffer from an adjustment disorder with anxious and depressed mood. The Tribunal was not persuaded by a diagnosis of a general personality disorder, noting inconsistencies with other treating psychiatrists and a reliance on a report from a practitioner Mr Mitchell did not fully engage with. The Tribunal concluded that the employment at the Department was the stressor for his adjustment disorder, and the ongoing consequences, including loss of employment and career interruption, constituted continuing sequelae of his compensable injury.

Accordingly, the Tribunal set aside Comcare's reviewable decision and substituted a decision that Mr Mitchell continued to be entitled to the terms of the original Comcare determination dated 8 April 2011.