Sheehan and Comcare (Compensation)

This matter concerned an appeal by Ms Sheehan against a decision by Comcare to deny her workers' compensation claim for an adjustment reaction with mixed emotional features. Ms Sheehan had lodged her application on 19 July 2015, asserting her injury occurred on 9 March 2014, the date she first learned of accusations against her partner. Comcare initially denied liability, a decision affirmed upon reconsideration, leading Ms Sheehan to seek administrative review by the Tribunal. The core of the dispute revolved around the cause and timing of Ms Sheehan's alleged injury, specifically whether it was a consequence of her employment.

The Tribunal was required to determine whether Ms Sheehan's employment contributed to her condition to a significant degree, and if so, to identify the date of injury. A key legal issue was whether a dominant cause of her condition, such as the accusations of terrorism against her partner and herself, could "crowd out" other contributing factors, such as a traffic incident that occurred while she was travelling between two places of employment in Harare. The Tribunal also had to consider the impact of delayed onset or expression of symptoms and the admissibility of medical evidence in light of the credibility of the witness providing it.

The Tribunal reasoned that while the accusations of terrorism were undoubtedly the principal cause of Ms Sheehan's mental illness, this did not preclude other factors from also contributing significantly. It accepted that the Harare traffic incident, which occurred while Ms Sheehan was travelling between two temporary work locations, was employment-related. On the balance of probabilities, the Tribunal found that this incident did contribute significantly to the development of Ms Sheehan's Post-Traumatic Stress Disorder. Consequently, the Tribunal determined that the injury occurred on or soon after the date of the Harare incident, meaning later factors could not have contributed to that specific injury.

Accordingly, the Tribunal set aside the reviewable decision of 11 December 2015. It substituted a finding that Comcare was liable under section 14 of the Safety Rehabilitation and Compensation Act 1988 for Ms Sheehan's Post-Traumatic Stress Disorder, which it determined occurred on or soon after 18 March 2014.