Drummey and Comcare (Compensation)

Case

[2016] AATA 738

23 September 2016


Details
AGLC Case Decision Date
Drummey and Comcare (Compensation) [2016] AATA 738 [2016] AATA 738 23 September 2016

CaseChat Overview and Summary

The applicant, Mr Drummey, sought a review of a decision by Comcare, the respondent, which affirmed a prior determination denying his claims for massage therapy and pharmaceuticals under the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act). Mr Drummey had suffered a compensable injury to his left scapula and back in 1992, and liability for compensation under the SRC Act had been accepted.

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.
Details

Areas of Law

  • Employment Law

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Statutory Construction

  • Remedies

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Cases Citing This Decision

3

Cases Cited

4

Statutory Material Cited

0

Comcare v Rope [2004] FCA 540
Alamos v Comcare [2014] AATA 629
Re Popovic and Comcare [2000] AATA 264