Allen and Comcare

[2001] AATA 379

DECISION AND REASONS FOR DECISION [2001] AATA 379

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No D2001/1

GENERAL ADMINISTRATIVE  DIVISION       )          
           Re      DEIRDRE ALLEN  
  Applicant
           And    COMCARE  
  Respondent

DECISION

Tribunal       Mr. D.W. Muller, Senior Member

Date8 May 2001

PlaceBrisbane

Decision      The Tribunal affirms the decision under review to refuse reimbursement for travel expenses pursuant to subsection 16(6) of the Safety Rehabilitation and Compensation Act 1988 because subsection 16(6) is subject to subsection 16(7) of the said Act.    
  ..............(Signed)................................
  D.W. MULLER
  SENIOR MEMBER

CATCHWORDS
COMPENSATION - Travel expenses for medical treatment not compensable unless length of journey exceeds 50 kilometres.
Safety Rehabilitation and Compensation Act 1988: s16(6), 16(7)

REASONS FOR DECISION

8 May 2001 Mr. D.W. Muller, Senior Member             

1. This is an application to review a decision to refuse reimbursement of travel expenses pursuant to section 16 of the Safety Rehabilitation and Compensation Act 1988 (the Act).

2. The applicant has a work related illness which has required her to consult with her doctor from time to time.  Each time she has seen her doctor she has travelled by private car, a return trip of 30 kilometres.  Her claim is for six trips between early 1999 and 23 October 2000.

3. Subsection 16(6) of the said Act provides for compensation in an appropriate case where the employee reasonably incurs expenditure in making a necessary journey for the purpose of obtaining medical treatment.

4. However, subsection 16(6) is subject to subsection 16(7) which provides that Comcare is not liable to pay compensation under subsection 16(6) unless the reasonable length of such a journey as it was necessary for the employee to make (including the return part of the journey) exceeded 50 kilometres.

5. The legislation refers to compensation for each specific journey, not the total of the six trips.  As each journey was less than 50 kilometres, Comcare is not liable for the travel in this case.

6. The decision under review is affirmed.

   I certify that the 6 preceding paragraphs are a true copy of the reasons for the decision herein of Mr. D.W. Muller, Senior Member

   Signed:         .....................................................................................
              R. Hayes, Associate

   Date/s of Hearing  4 May 2001 (Hearing on the papers)
   Date of Decision  8 May 2001
   Applicant  Ms. Allen 
   Solicitor for the Respondent    Ms Tyszkiewicz, Phillips Fox