O'Callaghan and Comcare (Compensation)

This matter concerned an appeal by Mr O’Callaghan against Comcare’s decision to refuse his claim for compensation for a psychological ailment. The parties agreed that the success of Mr O’Callaghan’s psychological injury claim was contingent upon his right ankle condition being found to be a compensable injury under the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act). Consequently, the hearing focused solely on the evidence relating to Mr O’Callaghan’s right ankle injury.

The legal issue before the Member was whether Mr O’Callaghan had sustained a compensable injury to his right ankle. The Member was required to determine if any injury to the right ankle was suffered during the course of his employment, or if the evidence supported a finding of a compensable injury arising from his extensive history of playing rugby league and other physical activities.

The Member noted Mr O’Callaghan’s long and intensive history of playing rugby league from a young age until his early thirties, as well as other physical training. Despite this history, Mr O’Callaghan could not recall sustaining any specific injury to his right ankle. The Member accepted the concessions made by the parties, which stipulated that if the right ankle injury claim failed, the psychological injury claim would also fail.

By agreement of the parties, and given the lack of evidence establishing a compensable injury to the right ankle, the Member affirmed Comcare’s reconsideration decision to refuse Mr O’Callaghan’s claim for compensation for the psychological injury.