Court slaps CFA over decision that ‘sent a shiver down the spine’ of CFA volunteers

The Country Fire Authority has lost a legal bid to terminate compensation payments to a volunteer firefighter after relying on a controversial medical opinion that he did not suffer from delayed post-traumatic stress disorder.

The decision by the CFA to immediately stop weekly payments to veteran firefighter Dale Sumner was based solely on an assessment by psychiatrist Associate Professor Peter Doherty last year, and rejected the medical opinions of six other clinicians consulted since 2017.

The traumatised firefighter worked on Black Saturday and attended accidents.Credit: Jason South

Sumner contested the decision in the Supreme Court of Victoria and it was set aside by Judge Melinda Richards in a judgment on July 10.

Judge Richards instructed the CFA to review its position, but warned the organisation faced a potential crisis if it continued to rely on the medical opinion of Associate Professor Doherty.

“If the CFA takes a consistent approach in other similar cases, its unquestioning acceptance of Associate Professor Doherty’s opinion that there is no diagnosable and recognised condition of delayed onset PTSD may have consequences for the ongoing capacity of the CFA to provide fire services in country Victoria,” according to Richards’ judgment.

Sumner, who was exposed to a series of traumatic events including house fires, fatal car accidents and the Black Saturday blazes over 24-years as a volunteer in Lakes Entrance, said he was relieved by the court’s decision.

“I was incredibly anxious about having to go to the Supreme Court and potentially face huge legal bills, but I was determined to get the validation and prove the CFA had done the wrong thing. Fortunately, the judge has agreed with us,” Sumner said.

The 51-year-old said he had been diagnosed with delayed onset PTSD by six different psychologists or psychiatrists since 2017, until he was instructed by the CFA to be assessed by Doherty in February last year.

Doherty rejected the previous diagnoses and found Sumner was suffering from a longstanding anxiety disorder unrelated to his experience as a CFA volunteer. After receiving compensation payments since 2018, the CFA terminated Sumner’s entitlements in last September.

“Because their liability was going up, they sought an alternative opinion and went to Doherty. For the CFA to go down that path and treat me with no real respect was just disgraceful,” Sumner said.

A CFA spokeswoman said it would not appeal the court decision and would reconsider its position.

“CFA is taking appropriate steps to ensure the re-establishment of support to Mr Sumner as if the original decision had not been made,” the spokeswoman said.

Volunteer Fire Brigades Victoria chief executive Adam Barnett said the decision to cut Sumner’s entitlements would “sent a shiver down the spine of every volunteer in the state.”

“It’s essential that every volunteer, who is putting their lives in danger for the safety of others, cannot have a question mark in the back of their minds as to whether they will be protected or not,” Barnett said.

He described the CFA’s conduct as “egregious”.

“They can’t talk about embracing the new science around PTSD and mental health and then on the other hand simply deny all liability. It’s an outrageous decision,” Barnett said.

Robinson Gill solicitor Jeremy King, who represented Sumner, said his client should never have been forced to take legal action to protect his entitlements.

“It’s pretty disappointing that volunteer firefighters, such an important part of our community, have to fight tooth and nail for compensation and their only avenue for appeal is the Supreme Court,” King said.

Associate Professor Doherty did not respond to requests for comment.