Wilson and Reserve Bank of Australia
[2002] AATA 165
•14 March 2002
DECISION AND REASONS FOR DECISION [2002] AATA 165
ADMINISTRATIVE APPEALS TRIBUNAL )
) No Q2001/798
GENERAL ADMINISTRATIVE DIVISION )
Re ROGER ANTHONY WILSON
Applicant
And RESERVE BANK OF AUSTRALIA
Respondent
DECISION
Tribunal Mr DW Muller, Senior Member Dr KP Kennedy, OBE, Member Mr RG Kenny, Member
Date14 March 2002
PlaceBrisbane
Decision The Tribunal affirms the decision under review.
(Sgd) D W Muller
Senior Member
Decision No: 165/2002
CATCHWORDS
COMPENSATION – adjustment disorder – full recovery
REASONS FOR DECISION
14 March 2002 Mr DW Muller, Senior Member Dr KP Kennedy, OBE, Member Mr RG Kenny, Member
This is an application by Roger Anthony Wilson to review a decision dated 2 January 2001, which affirmed an earlier decision, to cease all liability to pay compensation to the Applicant on and from 14 August 2000.
The Applicant claims that he suffered an Adjustment Disorder as a consequence of circumstances under which he was made redundant at the Reserve Bank in Melbourne during early 1997. He further claims that he continues to suffer from the Adjustment Disorder and that he has a continuing impaired capacity for the type of remunerative work that he was undertaking prior to becoming ill.
A brief history of the matter is:
Mr Wilson was born in England on 11 August 1944.
(ii) When he left school in England he worked as a builder's labourer for a short time and then worked for about four years in the Merchant Navy.
(iii) At the age of 24 years he migrated, with his wife, to Australia.
(iv) On arrival in Australia he initially worked as a labourer on building sites. He then worked as a courier.
(v) In August 1982, he joined the Reserve Bank as a messenger.
(vi) In 1986, he became a guard at the Reserve Bank.
In 1995, he became head of the guard services. In that position he was responsible for such activities as training, work rosters, liaison with management, fire arms instruction, supervision and organising various courses including first aid and fire drill.
In February 1997, the guards were told that their duties were to be outsourced to Chubbs, and that they would be made redundant in June 1997.
(ix) Mr Wilson believes that the manner in which he was informed of the redundancy was inappropriate and he was upset by that, and also by the fact of being made redundant.
(x) Mr Wilson claims that morale in the guards fell during March, April and May. He was not accorded the respect which he believed he should have been entitled to expect. It all became too much for him and he "broke down" on 2 May 1997. He has not worked for the Reserve Bank since.
(xi) During 1997, 1998 and 1999 Mr Wilson was treated by various psychiatrists, psychologists and other medical practitioners. The medical reports overall favoured a diagnosis of Adjustment Disorder.
The Respondent initially accepted a claim for compensation but eventually determined to cease liability for incapacity from 1 August 1997, and for medical expenses from 15 November 1997. The Applicant successfully applied to the AAT for review of the decision to terminate his compensation. In a decision dated 16 November 1998, the AAT determined that Mr Wilson continued to suffer from "an anxiety depressive disorder" and that he continued to be incapacitated for work.
In August 1998, Mr Wilson and his wife moved to the Gold Coast to live. They had decided some years before that they would eventually retire to the Gold Coast. Their daughter lives on the Gold Coast.
In 1998, Mr Wilson's wife and daughter had serious illnesses. He also had some health problems not associated with this claim. Mr Wilson coped well with those family problems.
Mr Wilson has not had any medication nor any psychiatric treatment since 11 June 1997. He last saw a psychologist who had been assisting him, on 19 October 1999.
In late 1999, Mr Wilson tried his hand at returning to security work when he was given a job by a Gold Coast security firm. He only lasted about four days. He believed that he had lost the confidence to deal with the public and to confront trouble makers.
In August 2000, Mr Wilson got a job with Coles as a "night-stacker". He still works at that job.
In the months leading up to August 2000, Mr Wilson had been relying for his compensation entitlements on medical certificates issued by a Dr Leat. After 14 August 2000, Dr Leat issued no further certificates.
As far as this hearing is concerned, the Tribunal is looking only at the period subsequent to 14 August 2000, the date on which the last certificate from Dr Leat expired and compensation payments ceased.
Nevertheless, it is noted that as far back as July 1999 Dr David Alcorn, a Specialist Psychiatrist had expressed the view that Mr Wilson had been left with a slight permanent psychiatric disability of less than 5%. In that same report Dr Alcorn had opined that with an adequate graded rehabilitation plan it would not be unreasonable to expect that over a three to six month period Mr Wilson could return to a position as Head Guard provided there were adequate performance reviews and supervision.
On 25 July 2000, Dr Leat wrote that Mr Wilson had been fit for work since September 1999 and that he was no longer suffering from Depression (the diagnosis which Dr Leat had applied to Mr Wilson's earlier psychiatric condition). At that time Dr Leat was of the view that Mr Wilson was unfit for work in the security sector.
The visit to Dr Alcorn in 1999 had been arranged by the Respondent for a medico-legal report. Mr Wilson had not seen a treating psychiatrist since, at the latest, June 1999. His next visit to a Psychiatrist was to Dr Reddan in September 2000. Again that review was arranged by the Respondent for a further medico-legal report.
Dr Reddan reported that she would not substantially disagree with the earlier diagnosis of an Adjustment Disorder with anxious mood. It was her opinion that by September 2000, Mr Wilson had substantially recovered and that he would no longer meet the criteria for a diagnosis of any psychiatric disorder. She considered that he was psychologically fit to perform the duties of a Head Guard but that he had decided by personal choice to avoid the security industry. From a psychiatric perspective there were no restrictions on him seeking any form of employment.
Mr Wilson was seen by Dr Roldan, a Clinical Psychologist in July 2001. Dr Roldan gave oral evidence to the Tribunal and was cross-examined. In summary, it was the opinion of Dr Roldan that Mr Wilson was not suffering from any diagnosable psychological or psychiatric condition and, like Dr Reddan, Dr Roldan said that Mr Wilson did not require any treatment.
The solicitors for the applicant arranged for the applicant to be seen by Ms Trudy Leivesley, a Clinical Psychologist, on 7 April 2001. Ms Leivesley provided a written report and also gave oral evidence. Ms Leivesley was the only professional witness to express an opinion that Mr Wilson does have a continuing psychological disability but she was not prepared to provide any specific psychiatric diagnosis to support her conclusions. In cross-examination Ms Leivesley admitted that she had been provided with only limited reports referable to Mr Wilson and that she had not sought the comprehensive reports that had been prepared by the other professionals who had seen Mr Wilson. She agreed that in the absence of a number of earlier medical and psychological reports it was difficult for her to be confident of her assessment. In the circumstances the Tribunal does not place much weight on the opinion of Ms Leivesley.
The Tribunal finds that the weight of medical and psychological evidence indicates that Mr Wilson has not suffered from any diagnosable psychiatric condition since August 2000 and that there is no psychiatric basis for Mr Wilson not to return to his previous position of Head Guard if such a position were available.
The Tribunal affirms the decision under review.
I certify that the 12 preceding paragraphs are a true copy of the reasons for the decision herein of
Signed: .....................................................................................
B. Hitchcock, Pers Asst
Date/s of Hearing 11, 12 & 13 March 2002
Date of Decision 14 March 2002
For the Applicant Mr R Morgan
For the Respondent Mr P Jones
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