VYSW and Comcare (Compensation)

This matter concerned an appeal by the Applicant against Comcare's decision to deny liability for a workers' compensation claim. The Applicant, who had a pre-existing diagnosis of generalised anxiety and post-traumatic stress disorder, claimed she suffered an anxiety disorder and panic attacks during her temporary full-time employment with the Department of Immigration and Citizenship between September 2011 and March 2012. She also lodged a subsequent claim for fibromyalgia, alleging it was caused by the anxiety from the first claim. The Deputy President of the Tribunal was required to review Comcare's decisions.

The primary legal issues before the Tribunal were whether the Applicant had suffered a "disease" as defined by the relevant legislation, and if so, whether this disease was a result of reasonable administrative action taken in a reasonable manner in respect of her employment. The definition of "disease" under the Act included an "ailment" or an "aggravation of an ailment" that was contributed to, to a significant degree, by the employee's employment. The Tribunal was also required to consider the definition of "significant degree" as being substantially more than material.

The Tribunal considered expert medical evidence which suggested that the Applicant's period of employment with the Department was a source of exacerbation of her pre-existing condition, rather than its cause. While the Applicant's manager noted some unusual workplace behaviours, he denied any critical or belittling conduct and was aware of her emotional vulnerability. The Tribunal noted that the Applicant's actions regarding document signatures were not based on any actual requirement or deadline, and her manager was unaware of this practice at the time. The Tribunal affirmed Comcare's decision to deny liability for the first claim, and consequently, the decision denying liability for the second claim was also affirmed.