ZZRP and Comcare (Compensation) [2018] AATA 2240 (16 July 2018)
Division:GENERAL DIVISION
File Number: 2014/4443
Re:ZZRP
APPLICANT
AndComcare
RESPONDENT
DECISION
Tribunal:Deputy President B W Rayment
Date:16 July 2018
Place:Sydney
The reviewable decision is set aside and the matter remitted to Comcare for the quantification of monetary entitlements of the applicant.
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Deputy President B W Rayment
Catchwords
COMPENSATION – whether applicant is still suffering the effects of his previous compensable condition – psychological condition – depressive disorder and anxiety state – claimed cause being workplace stress and bullying – found consistent pattern of diagnosis – reviewable decision set aside and remitted for quantification of monetary entitlements
Legislation
Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 16, 20
REASONS FOR DECISION
Deputy President B W Rayment
16 July 2018
On 20 May 2014, a review officer of Comcare decided that the applicant’s workers compensation payments should be terminated because he no longer suffered from any compensable condition, on the basis of a medical report commissioned by Comcare from Dr Burek, consultant psychiatrist. In the argument and evidence in this case, Comcare has raised a great number of other issues in support of the reviewable decision. The applicant has been examined by number of specialists, especially medico-legal specialists qualified by Comcare, who have mostly expressed conflicting views about him. He has also been hospitalised on two occasions over the relevant period, and the hospital notes have been produced on summons.
The applicant, who has been given a pseudonym without objection from the respondent for reasons which I indicated orally, applied for review of that decision. I must consider whether that decision was the correct or preferable decision, and if not, whether the applicant has entitlements under sections 16 and 20 of the Safety, Rehabilitation and Compensation Act 1988 (Cth), in respect of the intervening period. I am not concerned with the quantification of any such entitlement.
The applicant was born in 1961, obtained accounting qualifications by 1984 from TAFE with some university subjects, and after spending time in various jobs, in 1999, he was employed by the Australian Taxation Office (ATO). He continued that employment until 2012, when he was retired on grounds of invalidity. He last worked in 2011.
He claimed workers compensation on 31 May 2011, and his claim was granted in July 2011, when Comcare had investigated to some extent, the allegations which he made about the events which took place during his employment, and had obtained a report from Dr Allnutt, consultant psychiatrist.
I will take his history insofar as it appears from the evidence in chronological order.
CHRONOLOGY OF THE APPLICANT’S CONDITION
I have heard from two persons who knew him before 2011. One of those persons is Mr Penman, a work colleague at the Tax Office. He described the applicant in the years prior to May 2011 (except the last month) as a good performer, stable, reliable and rational, and as a person to whom others went for help or advice.…
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- AGLC
- ZZRP and Comcare (Compensation) [2018] AATA 2240
- Case
- [2018] AATA 2240
- Decision Date
CaseChat Overview and Summary
The court considered evidence regarding the applicant's employment history, including a period of back pain and his subsequent return to work, followed by an extended absence commencing in May 2011. The applicant asserted that he experienced bullying and harassment from a new supervisor, coupled with an unmanageable workload, leading him to believe he was being forced out of his job. The court found a consistent pattern in the applicant's diagnosis and his consistent account of these events to treating doctors and medico-legal specialists since 2011. Medical certificates from Dr Saunders described the applicant's condition as an anxiety state, attributing it to bullying and harassment by his manager. A psychiatrist, Dr Allnutt, also took a history of the workplace events and concluded that the applicant was manifesting symptoms consistent with a Depressive Disorder and anxiety, noting a deterioration in his mental state since the arrival of his new manager.
The court was not satisfied that alcohol use accounted for the applicant's condition or the workplace stresses. While some instances of cannabis use were noted in hospital records, the court found no evidence that this use affected his current or former condition, nor was it attributed as a cause by his treating doctor or others in regular contact with him. Consequently, the court set aside the reviewable decision and remitted the matter to Comcare for the quantification of the applicant's monetary entitlements.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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