DVFW and Comcare (Compensation)

This matter concerned an applicant employed by a Commonwealth government department who had an accepted claim for aggravation of borderline personality disorder. The dispute involved two primary issues: whether Duromine was reasonable medical treatment for the applicant's accepted injury, and whether the applicant's normal weekly earnings (NWE) should be calculated based on full-time hours of 37.5 or part-time hours of 29.5. The proceedings were heard by Mrs J C Kelly, Senior Member.

The court was required to determine two legal issues. Firstly, it needed to ascertain if Duromine, an appetite suppressant prescribed to counter weight gain from anti-depressant medications, constituted reasonable medical treatment in relation to the applicant's accepted injury under section 16 of the relevant Act. Secondly, the court had to decide the correct basis for calculating the applicant's normal weekly earnings, specifically whether to use 37.5 hours (full-time) or 29.5 hours (part-time), by applying the provisions of sections 8 and 9 of the Act.

In relation to the claim for Duromine, the Senior Member found that it was reasonable medical treatment obtained in relation to the applicant's accepted injury, setting aside the reviewable decision that had rejected reimbursement for this medication. Regarding the calculation of normal weekly earnings, the Senior Member considered the various subsections of section 8 of the Act, which outline the methodology for calculating NWE, taking into account average hours worked, hourly rate of pay, and allowances. After reviewing the evidence, the Senior Member concluded that the applicant's normal hours of work were 29.5, affirming the reviewable decision on this point.