Walker and Comcare (Compensation)

This matter concerned an appeal by the Applicant, Ms Walker, against a decision by Comcare regarding compensation for a mental condition. The dispute centred on whether the Applicant suffered from an ailment within the meaning of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) and, if so, whether her employment contributed to it to a significant degree. The case was heard by Deputy J Sosso P.

The legal issues before the court were whether the Applicant suffered from a "disease" as defined by the Act, and if so, whether her employment was a significant contributing factor to its onset or aggravation. Comcare conceded that the Applicant was an employee, that certain diagnosed mental health conditions were ailments under the Act, and that an incident occurred in the workplace. Crucially, Comcare also conceded that the Act does not require a formal diagnosis, provided the condition falls outside the boundaries of normal mental functioning, and that the reasonableness of the Applicant's perception of the workplace incident was not determinative of whether it was a significant contributing factor.

Deputy J Sosso P considered conflicting expert medical opinions, noting that Comcare conceded the Applicant suffered from a pre-existing ailment. The Applicant argued that a specific diagnostic label was unnecessary, and that her employment significantly contributed to her condition. The court acknowledged that the Applicant's history, including family psychiatric issues and her own denial of past mental illness, was relevant to assessing her reliability as a historian and potential genetic predispositions. However, the court ultimately found that the Applicant's claimed ailment was contributed to, to a significant degree, by her employment.

Consequently, the decision under review was set aside. The court determined that Comcare was liable to pay compensation under s 14 of the Act in respect of the Applicant's mental condition suffered on 16 September 2019, and ordered that the costs of the application be payable to the Applicant.