Pellow and Military Rehabilitation and Compensation Commission (Compensation)

This matter concerned an appeal by Mr Pellow against a decision of the Military Rehabilitation and Compensation Commission regarding his claim for compensation. The dispute centred on whether Mr Pellow's military service had contributed to his skin condition to a significant degree. The case was heard by Deputy President Gary Humphries.

The legal issues before the Tribunal were whether Mr Pellow's skin condition, diagnosed as malignant melanoma and solar keratosis, constituted a "disease" for the purposes of the relevant legislation, and if so, whether his military service had contributed to this condition to a significant degree. The Tribunal also considered the weight to be given to medical evidence, particularly where it was not subject to cross-examination, and the date by which the applicable law should be assessed.

The Tribunal considered the evidence of two medical experts, Professor Richard Fox and Dr David Gorman. Professor Fox, who had not examined Mr Pellow but reviewed reports and photographs, assessed the contribution of Mr Pellow's 21.5 months of military service to his lifelong cumulative sun damage at approximately six percent. Dr Gorman diagnosed malignant melanoma and solar keratosis, noting significant erythema and keratosis on Mr Pellow's arms. While Dr Gorman initially concurred with Professor Fox's six percent assessment, he indicated he would increase this to twelve percent if Mr Pellow's evidence of diligent sun protection prior to and after service was fully accepted, though he found this hypothesis difficult to accept. The Tribunal accepted Mr Pellow's evidence of a lifelong preoccupation with sun protection due to his skin's susceptibility. However, despite Mr Pellow's efforts to protect his skin, the Tribunal ultimately affirmed the Commission's decision, finding that the contribution of military service to his condition was not significant.