Percival and Comcare (Compensation)

This matter concerned an application for review by Mr Darryl Shane Percival against a decision by Comcare to cease liability for his accepted condition of post-traumatic stress disorder (PTSD) under sections 16 and 19 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth). The applicant had commenced employment as a Border Force Officer in 2005 and, through his duties involving the examination of objectionable material, developed PTSD. Comcare's decision to cease liability was to take effect from 24 January 2019.

The Administrative Appeals Tribunal was required to determine whether the applicant's condition of PTSD was a compensable injury under the *SRC Act*, and if so, whether Comcare's decision to cease liability for compensation and treatment from 24 January 2019 was correct. A key issue was whether the applicant's condition had resolved by the date Comcare ceased liability, or by a later date as contended by Comcare. The Tribunal also considered the applicant's diagnoses of major depressive disorder (MDD) and other conditions, and whether these were contributed to or aggravated by his employment.

The Tribunal considered extensive medical evidence, including reports from various psychiatrists and psychologists. While there was a preponderance of opinion supporting the applicant's diagnosis of PTSD, the Tribunal placed significant weight on the contemporaneous assessment of Dr Lovell, a senior psychiatrist, who reported in October 2017 that the applicant had PTSD and was not exaggerating his symptoms. However, the Tribunal also accepted the report of Dr Luke Murphy, which indicated that the applicant's PTSD had resolved. The Tribunal noted that the applicant did not dispute Comcare's contention that his MDD condition was non-compensable.

Ultimately, the Tribunal varied Comcare's decision. It determined that the applicant had suffered from PTSD from the date of his claim and that liability for compensation for incapacity and treatment was correctly accepted on 23 January 2017. However, the Tribunal found that this liability ceased on 7 October 2020, as the applicant's condition had resolved by that date.