Evans and Comcare (Compensation)

This matter concerned an appeal by an applicant against a decision to cease compensation for ongoing physiotherapy treatment. The applicant had sustained a soft tissue strain to the neck over twenty-six years prior, for which physiotherapy had been provided for a significant period. The dispute centred on whether continued physiotherapy constituted reasonable and necessary medical treatment for the accepted workplace injury under the relevant legislation.

The court was required to determine two primary legal issues. Firstly, whether the ongoing physiotherapy treatment was "obtained in relation to the injury" as required by section 16 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth). Secondly, the court had to consider whether it was reasonable for the applicant to continue to obtain such physiotherapy treatment in the circumstances, particularly in light of the relevant Clinical Framework.

The Senior Member, T Tavoularis SM, found that the totality of the medical evidence suggested that ongoing physiotherapy was unlikely to have any curative effect and would primarily be directed towards managing age-related degenerative changes rather than the original workplace injury. The court noted a lack of positive application of the principles of the Clinical Framework by the applicant's treating medical practitioners to justify the continued treatment. The Senior Member agreed with the respondent's contention that the physiotherapy was not treatment obtained in relation to the injury and was not reasonable to continue obtaining in the circumstances. Consequently, the decision under review to affirm the cessation of compensation for physiotherapy was upheld.