Mitchell and Military Rehabilitation and Compensation Commission (Compensation)

The Administrative Appeals Tribunal (AAT) considered the claim of Mr. Mitchell for compensation under the *Military Rehabilitation and Compensation Act 2004* (Cth) (MRCA) concerning a disease he alleged was contributed to, to a material degree, by his smoking during his military service. The Military Rehabilitation and Compensation Commission (MRCC) had previously affirmed a decision to deny Mr. Mitchell's claim.

The primary legal issue before the Tribunal was whether Mr. Mitchell's smoking had contributed to his diagnosed disease to a material degree, as required by the MRCA for compensation to be payable. This involved assessing the credibility of Mr. Mitchell as a witness regarding his smoking habits and the extent of that contribution, and determining whether the evidence met the necessary evaluative threshold for establishing a material contribution.

Deputy President Humphries P found that Mr. Mitchell had not established that his smoking contributed to his condition to a material degree. The Tribunal was not satisfied that Mr. Mitchell was a credible witness in relation to the extent of his smoking. The Tribunal affirmed the MRCC's decision to deny the claim.