XRLC and Comcare (Compensation)

This matter concerned an appeal by XRLC against a decision by Comcare regarding a claim for workers' compensation. The applicant sought compensation for medical expenses and incapacity payments due to a persistent depressive disorder. The central dispute revolved around whether the applicant's employment had significantly contributed to his psychological injury, and consequently, his ongoing entitlement to compensation for medical treatment and incapacity.

The court was required to determine three primary legal issues. Firstly, whether the applicant's employment significantly contributed to his psychological injury. Secondly, whether the applicant continued to be entitled to compensation for the cost of medical treatment obtained in relation to a compensable injury. Thirdly, whether the applicant continued to be incapacitated from work as a result of the compensable injury.

The Deputy President, B W Rayment Oam Qc P, approached the evidence chronologically, first considering whether the ailment suffered during employment was an aggravation of a pre-existing condition. The applicant had a history of distress and anxiety during his time with the NSW Police Service, particularly in 1996 when he was investigated by the Police Integrity Commission and appeared before the Wood Royal Commission. He resigned from the police force at that time and did not make a workers' compensation claim. Later, in 2013, when informed his unit would close, he experienced a retriggering of feelings related to the 1996 events. Medical opinions varied, with one psychiatrist suggesting he may have been sensitised to trauma during his police work, while another suggested problematic personality characteristics rather than a diagnosed disorder. The court considered the differing expert opinions on the nature and cause of the applicant's psychological condition, including whether the 1996 events constituted a sensitising trauma or if a diagnosis could be made retrospectively.

The decision under review was set aside and remitted for redetermination.