In the matter of Booth v Fourmeninapub Pty Ltd [2020]
NSWCA 57 the Court of Appeal was required to consider, amongst
other things, whether a predisposition to a condition can satisfy
either of the two limbs for a disease injury in s4(b)(i) and (ii)
of the Workers Compensation Act 1987 (the 1987
Act).
Facts
The worker was employed at a hotel. As a result of witnessing
traumatic incidents during the course of her employment at the
hotel, the worker suffered a psychological injury by way of a post
traumatic stress disorder. Two years after her injury, the
worker's Bipolar Disorder manifested.
In April 2018, the worker made a claim for lump sum
compensation, including for a Bipolar Disorder. The worker relied
on a report from Dr Scurrah. Dr Scurrah made no deductions for
pre-existing conditions as she was psychiatrically well prior to
her injury. Dr Scurrah said the worker's Bipolar Disorder was
not a pre-existing condition. In his opinion, the worker's
Bipolar
