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Sexual assault did not cause employee's psychological injury

An employee who did not seek psychological treatment for a workplace sexual assault until more than two years after the incident has lost her workers' compensation claim.

NSW Personal Injury Commission Member John Isaksen accepted at the outset that the employee had been sexually assaulted as she had described.

He noted, however, that during some 17 appointments with her general practitioner in the two years after the assault, she had "ample opportunity" to report its effect on her, but hadn't done so.

"Without some explanation from [the employee], it is simply inexplicable how an incident which she contends has severely triggered previous symptoms of post-traumatic stress disorder does not appear in any medical material for some two and a half years following that event," he said...

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