Vallance and Comcare (Compensation)

This matter concerned an application for review by the Applicant of a decision by Comcare dated 1 December 2016. This decision affirmed an earlier determination that the Applicant was not entitled to compensation for medical expenses under section 16 or incapacity payments under section 19 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) for generalised anxiety disorder. The Applicant had previously been in receipt of such payments from Comcare, which had accepted liability for his condition on 6 December 2013.

The primary legal issues before the Tribunal were whether the Applicant continued to suffer from an injury after 10 October 2016, and if so, whether the effects of that injury necessitated medical treatment or resulted in an incapacity for employment. These questions arose following Comcare's reconsideration of the Applicant's entitlement based on a report from Dr. Kipling Walker, which concluded that the Applicant was no longer suffering from a psychiatric condition and that any prior condition did not result from his employment with the Australian Broadcasting Corporation (ABC) or the Special Broadcasting Service (SBS).

The Tribunal considered extensive medical reports and evidence, noting the Applicant's history of anxiety, depression, and past substance use. It was established that the Applicant's employment at SBS had been terminated due to a toxic workplace environment and alleged bullying, which led to an impairment accepted by Comcare. However, Dr. Walker's report, which was relied upon by Comcare, indicated that the Applicant was fit for full-time work suitable to his education, training, and experience. Crucially, the Applicant himself agreed under cross-examination that an email accurately described his state of mind at the time of a relevant meeting, and his treating general practitioner, Dr. Malhotra, was also noted as agreeing that the Applicant was able to return to work.

The Tribunal affirmed the reviewable decision of Comcare dated 1 December 2016, finding that the Applicant was not entitled to compensation under sections 16 and 19 of the Act from 10 October 2016 onwards.