[2015] AATA 111
Division GENERAL ADMINISTRATIVE DIVISION File Number(s)
2012/4643
2013/4739
2013/4740
Re
RICHARD SAUNDERS
APPLICANT
And
Comcare
RESPONDENT
DECISION
Tribunal A. G. Melick SC, Deputy President
Date 13 February 2015 Date of written reasons 26 February 2015 Place Canberra For the reasons set out in the terms of the oral decision of 13 February 2015, attached hereto, I make the following orders:
1. I set aside the reviewable decision in application 2012/4643 and in substitution decide that:
1.1 the applicant is entitled to compensation pursuant to section 14 of the Safety, Rehabilitation and Compensation Act 1988 for adjustment reaction with anxious mood and psoriasis;
2. I affirm the reviewable decisions in applications 2013/4739 and 2013/4740; and
3. I order that the respondent pay 50% of the applicant's costs, as agreed or taxed.
............................[sgd]............................................
A. G. Melick SC, Deputy President
CATCHWORDS
COMPENSATION – Commonwealth employees – claim lodged six years after injury – whether precluded by failure to give notice as soon as practicable – application dismissed.
COMPENSATION – Commonwealth employees – injury caused by work – whether reasonable administrative action – whether carried out in a reasonable manner – employee placed under supervision of manager with whom he had prior issues – employer had corporate knowledge of prior issues – Comcare liable for injury.
LEGISLATION
Safety, Rehabilitation and Compensation Act 1988 ss 5A, 14 and 53
CASES
Comcare v Martinez (No 2) [2013] FCA 439
Commonwealth Bank of Australia v Reeve [1999] FCA 463
Drenth v Comcare [2012] FCA 86
Hart v Comcare (2005) 145 FCR 29
Katherine von Stieglitz v Comcare [2010] AATA 263Keen v Workers Rehabilitation and Compensation Corporation (1998) 71 SASR 42
REASONS FOR DECISION
A. G. Melick SC, Deputy President
26 February 2015
BACKGROUND
Richard Saunders initially worked as a technical officer at the Canberra Institute of Technology, (hereafter ‘CIT’), from August 2000 before becoming a Teacher Band 1 in early 2003. He commenced sick leave in July 2010 before resigning sometime later. He claims compensation for anxiety and depression, a depressive disorder, and psoriasis, as a result bullying and harassment at work. He made claims relating to the same conditions allegedly occurring in 2007 and in 2010.
In relation to 2007, the claim for psoriasis was made on 12 March 2013 and included in the documents lodged under s 37 of the Administrative Appeals Tribunal Act 1975 s 37 at T7, and adjustment disorder and depression were claimed on 25 March 2013 at T9. Hereafter I refer to those as the 2007 claims. I refer to the 2010 claims, when he made a claim for anxiety, depression and psoriasis on 22 August 2010 at T137, which was later expanded upon on 3 November 2010 at T151.
The respondent denied liability for a claim for compensation for the 2007 claims on 28 June 2013 and on 28 August 2013, and those decisions were advanced to the Administrative Appeals Tribunal in September 2013 as matters 2013/4739 and 4740. The…
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- RICHARD SAUNDERS and Comcare [2015] AATA 111
- Case
- [2015] AATA 111
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CaseChat Overview and Summary
The primary legal issues before the Tribunal were whether Saunders' delay in notifying Comcare of his injury precluded his claim for compensation and whether Comcare was liable for the injury as a result of reasonable administrative actions. The Tribunal had to examine the statutory requirements for notice of injury under the Safety, Rehabilitation and Compensation Act 1988 and consider whether any delay was excusable given the circumstances. Additionally, the Tribunal assessed whether Comcare was liable for Saunders' injury, considering the employer's knowledge of prior issues and the manner in which Saunders was supervised.
In reaching its decision, the Tribunal found that Saunders' delay in notifying Comcare did not preclude his claim as the circumstances warranted an extension of the notice period. The Tribunal held that the employer's actions in placing Saunders under the supervision of a manager with whom he had prior issues, despite having corporate knowledge of these issues, constituted a reasonable administrative action that contributed to Saunders' injury. Consequently, the Tribunal held Comcare liable for the injury. The Tribunal set aside the decision in one application and affirmed the decisions in the other two applications. It also ordered Comcare to pay 50% of Saunders' costs, as agreed or taxed.
The Tribunal's final orders were to set aside the reviewable decision in one application and affirm the decisions in the other two applications. Saunders was found entitled to compensation for adjustment reaction with anxious mood and psoriasis. Comcare was held liable for the injury due to the reasonable administrative action taken, and it was ordered to pay 50% of Saunders' costs.
Orders
Orders of the court
1. I set aside the reviewable decision in application 2012/4643 and in substitution decide that:
1.1 the applicant is entitled to compensation pursuant to section 14 of the Safety, Rehabilitation and Compensation Act 1988 for adjustment reaction with anxious mood and psoriasis;
2. I affirm the reviewable decisions in applications 2013/4739 and 2013/4740; and
3. I order that the respondent pay 50% of the applicant's costs, as agreed or taxed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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