13 Nov 2015
The competing expert evidence was weighed and the preponderance of reliable psychiatric opinion found no DSM‑IV Axis I pain disorder or major depressive episode causally linked to the 1992 injury, therefore the appellant did not establish a mental injury arising from his covered injuries and the appeal must be dismissed.
30 Jun 2015
The Court held Dr Schousboe's 2012 WPI assessment was materially flawed for failing to account for covered mental injuries (specifically sexual dysfunction and chronic pain as a mental consequence) and that, although Dr Bailey's 2014 report also contained a flaw in treating chronic pain solely as a physical condition, the parties had agreed to a reassessment and fairness required the Court to have regard to it; accordingly the 10 May 2012 decision was quashed, the review decision set aside and a new assessment of the appellant's covered mental injuries ordered, backdated to 2012.