Cavanagh and Comcare (Compensation)

This matter concerned three applications brought by Ms Cavanagh against Comcare. The first application related to a claim for compensation for cognitive impairment, the second for reimbursement of travel costs incurred by Ms Cavanagh's spouse, and the third for household and care-attendant services. The proceedings were heard by Senior Member N A Manetta of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether Ms Cavanagh's claimed cognitive impairment was causally linked to her accepted work-related injuries or the medication prescribed for those injuries, and thus compensable. It also needed to consider whether Comcare was liable to pay for the travel expenses of Ms Cavanagh's spouse under section 16 of the Safety, Rehabilitation and Compensation Act 1988, and to determine the appropriate number of hours for household and care-attendant services to which Ms Cavanagh was entitled.

In relation to the cognitive impairment claim, the Tribunal found that there was no medical opinion supporting a causal link between Ms Cavanagh's employment injuries or medication and her impairment, and therefore affirmed Comcare's decision to deny compensation for this condition. Regarding the spouse's travel costs, the Tribunal held that such expenses were not compensable under the Act, and that previous consent determinations allowing similar claims were not binding. For household and care-attendant services, the Tribunal set aside the previous decision, finding that Ms Cavanagh was entitled to an additional five hours per week of household services and two hours per week of personal attendant-care services, and substituted a new decision reflecting these increased hours.