5.However, a recent Administrative Appeals Tribunal ruling has now provided Comcare with guidance in dealing with these claims.
6.The case of Swanson and Comcare (No Q94/396) involved a claim that the employee's work environment (mainly the air conditioning and formaldehyde 'off-gassing' from furniture) aggravated his CFS. His symptoms were very non specific, being stated as fatigue, difficulty concentrating, skin rashes, poor memory and abdominal pains.
7.The Administrative Appeals Tribunal affirmed, in unequivocal terms, Comcare's decision to reject liability. Its conclusions were reached after looking at medical evidence indicating that CFS is an unknown condition for which there are no diagnostic tests. Further, there was nothing to suggest that Mr Swanson was suffering from any organic disease.