ZJQL and Comcare (Compensation)

This matter concerned an application by the applicant for a review of a delegated review officer’s decision regarding his entitlement to compensation. The applicant, employed as an interpreter through TIS National for the Department of Immigration and Border Protection, sustained injuries on Nauru when he was hit in the head with a rock. His accepted conditions included intracranial injury, superficial injury to the face, neck, and scalp, and post-traumatic stress disorder. The dispute centred on whether the applicant suffered incapacity for employment between 22 August 2016 and 1 March 2017, which would render Comcare liable to pay compensation.

The Tribunal was required to determine the applicant's capacity to work during the specified period and whether this incapacity arose from his accepted work-related conditions. This involved considering medical evidence regarding his post-concussion syndrome and post-traumatic stress disorder, and assessing whether his diagnosed capacity to work 20 hours per week, as certified by his GP, exceeded his normal weekly hours for the purpose of calculating incapacity payments. The Tribunal also needed to address the applicant's history of a previous diagnosis of post-traumatic stress disorder.

The Tribunal's reasoning focused on the medical assessments provided, particularly by Dr. Jennifer Majoor, a consultant psychiatrist. Dr. Majoor concluded that the applicant was suffering from post-traumatic stress disorder, which was triggered by the Nauru incident, although he had an underlying vulnerability due to a previous diagnosis. She advised that the applicant was not currently fit for any work due to his symptoms and recommended further medical and psychological treatment, followed by a graduated return to work plan. The Tribunal found that the applicant's capacity to work was limited by his accepted conditions.

Consequently, the Tribunal set aside the decision under review. The matters were remitted to Comcare for recalculation of the applicant's normal weekly hours, applying a 12-month averaging period, and to confirm his incapacity payments entitlement based on the Tribunal's findings regarding his work capacity.