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"Eggshell psyche" not central factor in workers' comp claim

The fact an employee was more susceptible to an aggravation of psychological injuries didn't automatically mean that his employment was a significant contributing factor, the Federal Court has ruled.

The Australian Securities and Investment Commission analyst sought compensation for an aggravation of his psychological condition, which he claimed was caused by workplace bullying and harassment.

Early last year, the Administrative Appeals Tribunal accepted the employee, who had a history of chronic depression, held a "firm belief" that prior to working for ASIC he was "problem free". It also accepted the employer was unaware of his pre-existing condition, which he had not disclosed on pre-employment forms.

Tribunal Senior Member Dr Ion Alexander ultimately found, however, that the most relevant issue was the employee's decision to stop taking anti-depressants. This, coupled with his pre-existing personality disorder, was what caused a temporary increase in his symptoms...

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