Wissing and Comcare (Compensation)

This matter concerned an appeal by Mr Wissing against decisions made by Comcare. Mr Wissing sought compensation for both physical and psychological injuries, as well as permanent impairment and non-economic loss, which he alleged arose from a work incident in 1976. The Administrative Appeals Tribunal (AAT) was required to determine whether these claimed injuries and impairments were causally connected to his employment with CSIRO in 1976.

The Tribunal was tasked with determining whether Mr Wissing's claimed physical and psychological injuries, as assessed on 24 March 2016, arose out of the 1976 accident. Furthermore, the Tribunal had to consider whether Mr Wissing suffered any permanent impairment as a consequence of that 1976 injury, and consequently, whether he was entitled to compensation for non-economic loss.

The Tribunal found that the evidence overwhelmingly indicated that Mr Wissing's psychological injuries were not related to the 1976 work incident. Applying the principles of causation, the Tribunal concluded that neither the claimed physical nor psychological injuries, nor the claimed permanent impairment, arose out of or in the course of his employment with CSIRO as a consequence of the 1976 injury. Accordingly, the Tribunal affirmed Comcare's decisions to deny compensation for medical treatment, permanent impairment, and non-economic loss.