Assumptions of fact deemed insufficient to invoke willful and false misrepresentation exclusion

JXTZ and Comcare [2017] AATA 880

Key Points

• The Tribunal was required to consider whether the exclusion in section 7(7) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act) operated in the circumstances.
• The Tribunal determined that the evidence did not establish, on the balance of probabilities, that there had been a false and wilful misrepresentation of a medical history of anxiety and depression, therefore the exclusion did not apply.

Background

JXTX had a history of being sexually abused as a child and experienced related mental health problems in her youth which included a period of hospitalisation for a major depressive episode.

She submitted a claim for workers' compensation in respect of "psychological and physical stress" sustained during the course of her employment as a Registered Nurse with ACT Health.