RICHARD SAUNDERS and Comcare

[2015] AATA 111

[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 Martin [2015] FCA 4

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 263

Keen v Workers Rehabilitation and Compensation Corporation (1998) 71 SASR 42

REASONS FOR DECISION

A. G. Melick SC, Deputy President

26 February 2015

BACKGROUND

1. 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. 

2. 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.

3. 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…