Chalfont and Comcare (Compensation)

This matter concerned an appeal by Mr. Chalfont against a decision by Comcare to deny compensation for the cost of Allopurinol medication. Mr. Chalfont had an accepted colon injury, but he was prescribed Allopurinol for gout. He contended that his gout was a consequence of the chronic diarrhoea resulting from his colon injury, and therefore the medication should be covered under section 16 of the relevant Act. Comcare argued that the Allopurinol was not obtained in relation to the accepted injury.

The primary legal issue before the court was whether the Allopurinol treatment obtained by Mr. Chalfont constituted "medical treatment obtained in relation to the compensable injury" for the purposes of section 16 of the Act. This required the court to determine if there was a sufficient causal link between the accepted colon injury and the gout for which Allopurinol was prescribed. The court also considered whether Comcare's previous acceptance of liability for this medication in earlier years, which it later stated was an error, bound it to continue funding the treatment.

The court found that while Allopurinol is medical treatment, it must be obtained in relation to the compensable injury to be eligible for compensation. The medical evidence indicated that Allopurinol was prescribed for gout and not for the colon injury or the associated chronic diarrhoea. An occupational physician's review concluded that Allopurinol does not treat the compensable bowel condition or chronic diarrhoea. Although Mr. Chalfont presented an article suggesting a link between chronic diarrhoea and uric acid nephrolithiasis, the court was not persuaded that this established a direct link between his specific colon injury and the need for Allopurinol. The court also noted that previous acceptance of liability by Comcare, if made in error, did not create an ongoing obligation.

Consequently, the court affirmed Comcare's decision, holding that Comcare was not liable for Mr. Chalfont's Allopurinol treatment under section 16 of the Act as the medical treatment was not obtained in relation to the accepted colon injury.