RVCQ and Comcare (Compensation)

The matter before George SM in the Administrative Appeals Tribunal concerned a claim for workers' compensation by an employee of the Commonwealth, RVCQ, against Comcare. The applicant alleged that exposure to high levels of mould in employer-provided accommodation had caused a chronic inflammatory response syndrome. The core of the dispute revolved around whether this condition was a recognised medical condition and, crucially, whether the applicant's employment had significantly contributed to its development.

The Tribunal was required to determine two primary legal issues. Firstly, it had to ascertain whether the applicant's chronic inflammatory response syndrome constituted an "ailment" or an "aggravation of an ailment" as defined by section 5B of the relevant Act. Secondly, the Tribunal had to decide whether the applicant's employment with the Commonwealth had contributed to this ailment or aggravation to a "significant degree," as stipulated by the same section.

In reaching its decision, the Tribunal considered extensive evidence regarding the applicant's pre-existing medical history, which indicated a long-standing pattern of various health issues, including sinonasal problems dating back approximately 20 years, gut issues, brain fog, low energy, and hormonal concerns, some of which were reported as present since 2015. The Tribunal noted that the applicant had sought medical and naturopathic advice for these symptoms prior to her employment and in relation to her current claimed condition. The Tribunal affirmed the Reviewable Decision, finding that the applicant had not established that her employment significantly contributed to her claimed condition.