ZZRP and Comcare (Compensation)

This matter concerned an appeal by ZZRP against a decision made by Comcare regarding compensation for a psychological condition. The applicant alleged that he suffered from a depressive disorder and anxiety state, which he claimed were caused by workplace stress and bullying. The court was required to determine whether the applicant was still suffering the effects of his previous compensable condition and the causal link between his psychological condition and his employment.

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.