Perkins and Comcare (Compensation)

This matter concerned an appeal by the Applicant against decisions made by Comcare regarding his entitlement to compensation for an adjustment disorder. The dispute centred on whether the Applicant was still suffering from the accepted compensable condition, whether the condition required ongoing reasonable medical treatment, whether it resulted in incapacity for work or permanent impairment, and whether his employment had contributed to the ailment to a significant degree. The case was heard by Deputy J Sosso P.

The legal issues before the court were whether the Applicant continued to suffer from his accepted adjustment disorder, whether the condition necessitated medical treatment that was reasonable in the circumstances, and whether the disorder resulted in an incapacity for work or permanent impairment. The court was also required to consider if the ailment or its aggravation was contributed to by the Applicant's employment to a significant degree, and whether it was reasonable for the Applicant to continue receiving treatment in Canberra.

The court's reasoning involved an assessment of the duration of the impairment, the likelihood of improvement, and whether the Applicant had undertaken all reasonable rehabilitative treatment. The court noted that the Applicant had suffered from his condition for over seven years, and despite initial opinions that it would resolve quickly, it had not. Divergent medical prognoses were considered, with some experts suggesting an "industrial solution" rather than medical treatment was required, and others highlighting the Applicant's personality traits as exacerbating his condition. The court found that the Applicant's ongoing anger and resentment, as noted by several medical professionals, did not assist his recovery.

Ultimately, the Tribunal affirmed the decision that the Applicant had no entitlement to permanent impairment compensation in respect of his accepted condition. However, the Tribunal set aside decisions under review in Applications 2016/3726, 2016/3727, and 2016/3728, remitting these matters to Comcare to give effect to the Tribunal's findings. The decision under review in Application 2016/3729 was affirmed.