Stephen and Comcare (Compensation)

This matter concerned an appeal by an applicant against a decision by Comcare to reject his claim for compensation for a depressive disorder and generalised anxiety disorder. The applicant alleged that these conditions arose from bullying and harassment by a colleague, Mr. Flockhart, and a subsequent fear for his job and ostracisation. The applicant also admitted to accidentally injuring Mr. Flockhart during an incident on 30 October 2011. The case was heard by Deputy President McDermott.

The primary legal issues before the court were whether the applicant's alleged depressive and anxiety disorders constituted a "disease" or "injury" under the relevant Act, and if so, whether this condition was contributed to, to a significant degree, by his employment with the Commonwealth. A further consideration was whether any actions taken in relation to the applicant's employment were reasonable administrative actions taken in a reasonable manner.

The court found that the applicant's initial statements and those of Ms. Martin described the incident on 30 October 2011 as a "game" or "mucking around" that went out of hand, rather than an unprovoked assault or harassment. The contemporaneous documentary evidence, including the applicant's own letter of 3 November 2011 referring to himself and Mr. Flockhart as "good friends," did not support his later contentions of assault or harassment. Reports from other crew members also described the incident as a playful game. Consequently, the court concluded there was no cogent evidence that the applicant's mental health condition was caused by his employment.

The decision under review was affirmed.