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  • March 17, 2022Symptoms of anxiety and stress do not amount to a psychological condition

    Fittock and Comcare [2022] AATA 72.   Key Points: The Tribunal was asked to make a decision about liability on a claim for an aggravation of a psychological condition suffered by an employee of Services Australia. The employee claimed she experienced stress and anxiety as a result of the conduct of her team leader, after […]

  • March 17, 2022Objection refused! Tribunal issues summons for mental health records

    Australian Electoral Commission and Comcare [2022] AATA 138.   Key Points: A treating psychologist objected to a summons for him to produce medical records, on the grounds that it would be a breach of privacy and duty of care to his patient. The Tribunal found that privacy considerations and duty of care must give way […]

  • March 17, 2022“But I don’t want to go” – a subjective belief of unlawfulness cannot amount to a reasonable excuse

    Hanel and Comcare [2022] AATA 261.   Key Points: A subjective belief alone, as to the unlawfulness of a Notice to undergo a medical examination, cannot amount to a reasonable excuse for the purpose of section 57(2) of the SRC Act. A determination made under section 57 of the SRC Act is not included within […]

  • March 17, 2022Ongoing symptoms were due to old Army injury not compensable condition

    Di Carlo and Linfox Australia (Operations) Pty Ltd [2021] AATA 5086.   Key Points: The Tribunal was asked to consider ongoing liability to pay compensation to a Linfox Australia employee in respect of a left elbow condition. The Tribunal accepted that the employee had suffered a previous left arm injury while serving in the Army […]

  • March 17, 2022Former AFP officer not entitled to compensation for psychological condition sustained in 1987

    Ascic v Comcare [2021] FCA 1498.   Key Points: The Federal Court was required to consider whether the Tribunal erred in finding that an Australian Federal Police Officer was not entitled to compensation for permanent impairment for a psychological condition. The Federal Court applied Kostas v HIA Insurance Services Pty Ltd t/as Home Owners Warranty […]

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