Speakman and Telstra Corporation Limited (Compensation)

This matter concerned a review of a determination by Telstra Corporation Limited (the respondent) that it was no longer liable to pay compensation to Ms Barbera Speakman (the applicant) for medical treatment and incapacity for work from 12 November 2014 onwards. The applicant had previously received compensation for an adjustment disorder with anxiety, which arose from bullying at work. The core dispute was whether the applicant's injury continued to cause a need for medical treatment and incapacity for work after the respondent's determination.

The court was required to determine three issues: first, whether the applicant was still suffering from the injury for which liability had been accepted as at 12 November 2014; second, whether the applicant was incapacitated for work as at that date; and third, whether any such incapacity for work resulted from the accepted injury. The third issue was contingent on the first two being answered affirmatively. The court considered the legislative framework of the Safety, Rehabilitation and Compensation Act 1988 (Cth), particularly provisions relating to employer liability for injury, disease, and aggravation of disease.

The court reasoned that the applicant's adjustment disorder with anxiety, for which liability was initially accepted, had resolved by 12 November 2014. This conclusion was based on medical evidence, including reports that indicated adjustment disorders typically resolve within six months of the cessation of the stressor. The court found that the applicant's subsequent condition, as diagnosed by Dr Varghese, was recurrent major depression, which he considered to be a postnatal episode and essentially biological in nature, rather than a continuation of the work-related adjustment disorder. Consequently, the court determined that the applicant was not incapacitated for work as a result of the accepted injury after 12 November 2014.

The court affirmed the respondent's decision under review, finding that the applicant was not entitled to compensation for medical expenses or incapacity for work from 12 November 2014 onwards.