Wonson and Comcare (Compensation)

This case concerned an application for review of a decision by Comcare to affirm an earlier determination that denied the applicant, Ms Wonson, compensation for a claimed injury. The applicant had lodged a claim for compensation on 15 October 2015, alleging she suffered an adjustment disorder with depressed and anxious mood as a result of her employment. Comcare's initial decision had denied liability, and the Administrative Appeals Tribunal was required to review this decision.

The legal issues before the Tribunal were whether Ms Wonson suffered a "disease" within the meaning of the *Safety, Rehabilitation and Compensation Act 1988* (Cth), and if so, whether that disease was a result of reasonable administrative action taken in a reasonable manner in respect of her employment. Specifically, the Tribunal had to consider whether Ms Wonson made wilful or false representations regarding her past medical history when seeking employment, and whether the refusal to reclassify her sick leave as flex or recreation leave constituted reasonable administrative action.

The Tribunal found that Ms Wonson was suffering from an adjustment disorder with depressed and anxious mood by 11 November 2015. However, it also found that this condition was a result of reasonable administrative action taken in a reasonable manner. This conclusion was based on the evidence that Ms Wonson had made a wilful misrepresentation on her pre-employment medical assessment form by failing to disclose a past nervous or mental condition. Furthermore, the Tribunal determined that the decision not to reclassify her sick leave was reasonable administrative action, as it was taken in accordance with the employer's policies and procedures, and Ms Wonson's request did not meet the criteria for such reclassification.

Consequently, the Tribunal affirmed the reviewable decision, meaning Comcare's refusal to pay compensation to Ms Wonson was upheld.