Drummey and Comcare (Compensation) [2016] AATA 738 (23 September 2016)
Division
GENERAL DIVISION
File Number
2015/3792
Re
Jeffrey Drummey
APPLICANT
And
Comcare
RESPONDENT
DECISION
Tribunal Deputy President I R Molloy
Date 23 September 2016 Place Brisbane The Tribunal affirms the decision under review.
…………………[Sgd]…………………………….
Deputy President I R Molloy
Catchwords
COMPENSATION – Compensation under the Safety, Rehabilitation and Compensation Act 1988 (Cth) – claims for massage therapy and pharmaceuticals – medical treatment obtained in relation to an injury – whether treatment was reasonable to obtain – reviewable decision affirmed
Legislation
Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 14, 16, 19
Cases
Drummey v Comcare [1997] AATA 789;
Popovic v Comcare [2000] AATA 264;
Bayani v Australian Postal Corporation [2015] AATA 342;Alamos v Comcare [2014] AATA 629.
REASONS FOR DECISION
Deputy President I R Molloy
23 September 2016
INTRODUCTION
The applicant, Mr Drummey, has applied for review of a decision of Comcare (“the respondent”) dated 8 July 2015 affirming a determination dated 14 April 2014 denying his claims for massage therapy and pharmaceuticals under the Safety, Rehabilitation and Compensation Act 1988 (the SRC Act”).
BACKGROUND
Mr Drummey was born on 28 April 1957. He suffered an injury on 2 June 1992 for which liability to pay compensation under s 14 of the SCR Act was accepted in respect of “injury left scapular, back injury”.
Liability was subsequently ceased under ss 16 and 19 of the SRC Act but that decision was set aside and substituted with a decision that Mr Drummey was entitled to compensation under the SRC Act beyond November 1993.[1]
Section 16(1) of the SCR Act provides that Comcare is liable to pay, in respect of the costs of medical treatment obtained in relation to an injury (being treatment that it was reasonable to obtain in the circumstances), compensation of such amount as Comcare determines is appropriate to that medical treatment.
Massage therapy
Mr Drummey had been receiving treatment from Alfio Sorbello, a remedial massage therapist. Mr Sorbello said he first saw Mr Drummey when he walked in one day. He said he treated him for approximately seven years on a weekly basis until May 2015. The cost of treatment at that time was $81.32 per session.
The purpose of the treatment is pain relief. Mr Sorbello considers the treatment is “highly beneficial for reducing pain and freeing up the scapular and shoulder girdle to reduce tension on the trigger points and to improve the quality of life for Mr Drummey.”[2] He based this opinion on what Mr Drummey told him and his experience.
[2] Exhibit 1, T Documents, T 15, page 57, Letter from Alfio Sorbello dated 27 May 2015.
Mr Sorbello described how he treated the whole body. His method is to balance the body having regard to “stress lines”. This may call for treatment in an area seemingly far removed from Mr Drummey’s left shoulder, such as his knee. Mr Sorbello has…
Continue reading Drummey and Comcare (Compensation)
Sign in free to access the full text
- AGLC
- Drummey and Comcare (Compensation) [2016] AATA 738
- Case
- [2016] AATA 738
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the massage therapy and pharmaceuticals obtained by Mr Drummey in relation to his injury were reasonable to obtain in the circumstances, as required by section 16(1) of the SRC Act. This section mandates that Comcare is liable to pay compensation for the costs of medical treatment that is reasonable to obtain in relation to a compensable injury.
The court considered the evidence regarding Mr Drummey's weekly massage therapy sessions, which he claimed provided pain relief and improved his quality of life, and the opinion of his remedial massage therapist. However, the court also noted that the therapist's opinion was based on Mr Drummey's subjective reports and the therapist's experience, and that the treatment involved addressing the whole body. Regarding the pharmaceuticals, the court accepted the evidence of Dr Home, finding that where Dr Home did not expressly record a relationship between a pharmaceutical and Mr Drummey's compensable condition, the treatment was not reasonable to obtain.
The reviewable decision of Comcare was affirmed.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.