Re Vo and Comcare

[2005] AATA 773

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2005] AATA 773

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No   A2002/236

GENERAL  ADMINISTRATIVE  DIVISION		)
Re		THANH (RICHARD) VO

Applicant

And COMCARE

Respondent

DECISION

Tribunal

Mr J.W. Constance, Senior Member

Dr M.D. Miller AO, Member

Date              12 August 2005

PlaceCanberra

Decision The Tribunal affirms the decision of Comcare made 13 May 2002 that Comcare is not liable to pay compensation to Mr Vo pursuant to section 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) in respect of “unspecified acute reaction to stress”.

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CATCHWORDS

COMPENSATION – claim for “severe anxiety, depression, post trauma stress disorder” – whether notification requirements of section 53 complied with – section 53(1) notification not complied with – no reasonable excuse – even if section 53 complied with, Applicant has not suffered an injury – even if Applicant had suffered an injury, the injury would be the result of a failure to obtain a benefit or the decision to terminate the Applicant’s employment in accordance with the applicant’s employment contract and not compensable – decision affirmed

Safety, Rehabilitation and Compensation Act 1988 (Cth) – s 4, 14, 53

Australian Postal Corporation v Oudyn (2003) 73 ALD 659

Comcare v Mooi (1996) 42 ALD 495

Australian Industry Development Corporation v Boyd (1990) 19 ALD 729; (1990) 95 ALR 149

Re Barber and Comcare (AAT 12776, 6 April 1998)

REASONS FOR DECISION

12 August 2005

Mr J.W. Constance, Senior Member

Dr M.D. Miller AO, Senior Member

1.          Mr Vo has applied for a review of a decision of Comcare made 13 May 2002 refusing to accept liability under the Safety, Rehabilitation and Compensation Act 1988 (Cth) for his severe anxiety, depression and post trauma stress disorder. Mr Vo claimed that these conditions were caused by his employment by the Department of Transport and Regional Services. In considering the claim Comcare reclassified the conditions as “an unspecified acute reaction to stress”.

2.          For the reasons set out we have decided to affirm the decision of Comcare.

FINDINGS OF FACT

3.          Unless otherwise stated we make these findings based on the evidence of Mr Vo.  We are satisfied as to these facts on the balance of probabilities.

4.          Mr Vo was born on 16 January 1953 and is now aged 52 years.  He completed his tertiary education in New Zealand, attaining the degree of Bachelor of Commerce (Economics).

5.          In 1982 Mr Vo migrated to Australia and commenced employment in the Australian Public Service.  A summary of this employment is as follows:

1982-1984                Department of Immigration

1984-1988                Australian Bureau of Statistics

1988-1999                Department of Transport.

6.          In about 1985 Mr Vo began to experience difficulties at work.  In early 1990 he lodged a grievance as to his treatment by a supervisor and further grievances were lodged up to and including 1993.  In 1994 Mr Vo sought a review of one of his grievances by the Merit Protection Review Agency and in the same year the Department took inefficiency proceedings against…