Wonson v Comcare [2020] FCAFC 76

FEDERAL COURT OF AUSTRALIA

Wonson v Comcare [2020] FCAFC 76 Appeal from: Wonson v Comcare [2019] AATA 2779

File number: NSD 1497 of 2019

Judges: KATZMANN, ANASTASSIOU AND ABRAHAM JJ

Date of judgment: 5 May 2020

Catchwords: WORKERS' COMPENSATION — Commonwealth employees — appeal from decision of Administrative Appeals Tribunal to affirm determination by Comcare to refuse claim for compensation for injury allegedly due to bullying and harassment at work over five-year period — where claimed condition found to be adjustment disorder with depressed and anxious mood — where employee's incapacity for work followed refusal of her request to reclassify sick leave already taken — where Administrative Appeals Tribunal found that the process of decision-making and the communication of the decision constituted reasonable administrative action taken in a reasonable manner with respect to the employee's employment and found that the employee would not have suffered from the disorder had it not been for that action and was not therefore an injury within the meaning of the Safety, Rehabilitation and Compensation Act 1998 (Cth) — whether notice of appeal raised questions of law — whether Tribunal erred by failing to fix earliest date disorder was diagnosable — whether Tribunal conflated incapacity with impairment — whether Tribunal failed to correctly apply Comcare v Martin (2016) 258 CLR 467 — whether Tribunal failed to comply with s 43(2) of the Administrative Appeals Tribunal Act 1975 (Cth) by providing inadequate reasons for three of its findings

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Federal Court Rules 2011 (Cth) r 33.30(2) Safety, Rehabilitation and Compensation Act 1998 (Cth) ss 5A(1), 5B(1), 7(4), 14(1), 43(2), 44, 53