TMPR and Comcare (Compensation)

This matter concerned an application by TMPR (the Applicant) against Comcare (the Respondent) regarding workers' compensation. The dispute centred on whether the Applicant continued to suffer from an accepted psychological condition and whether this condition was materially contributed to by a work-related event that occurred in July 2004. The Applicant sought compensation for medical expenses and incapacity for work, as provided for under sections 16 and 19 of the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act). The decision was made by Linda Kirk SM.

The legal issues before the Tribunal were threefold: first, whether the Applicant was still suffering from the accepted condition as at 21 March 2017 and continuing to the present; second, if so, whether that condition continued to be contributed to in a material degree by the work-related event in July 2004; and third, if both of the preceding questions were answered affirmatively, whether liability existed for the payment of compensation for medical expenses and incapacity for work under the relevant provisions of the SRC Act.

The Tribunal considered evidence relating to the Applicant's personal history, including his schooling and experiences of bullying and a sexual encounter during his youth. The Applicant's statements and cross-examination revealed some discrepancies regarding the duration and nature of schoolyard taunting and bullying. However, the Tribunal ultimately found that as at 21 March 2017 and continuing to the present, the Applicant did suffer from the effects of his accepted condition, reasonably required medical treatment for it, and experienced an incapacity for work as a result.

Consequently, the Tribunal set aside the decision under review. The matter was remitted to the Respondent for the calculation of the Applicant's entitlement to compensation for medical treatment expenses and incapacity payments from 21 March 2017 onwards, in accordance with sections 16 and 19 of the SRC Act. The Respondent was also ordered to pay the Applicant's costs and disbursements for the proceedings.