Fittock and Comcare (Compensation)

This matter concerned an appeal to the Tribunal regarding a claim for compensation under the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act). The applicant sought compensation for medical expenses related to gastric sleeve surgery, which the respondent, Comcare, had denied. The applicant's accepted condition was an aggravation of an adjustment disorder, a psychological condition.

The core legal issues before the Tribunal were whether the gastric sleeve surgery constituted "medical treatment" for the purposes of the SRC Act, whether it was obtained in relation to the applicant's accepted psychological condition, and if so, whether it was reasonable for the applicant to obtain such treatment in the circumstances. The applicant contended that while the surgery was not directly for her psychological condition, the stress and events leading to her accepted condition had exacerbated her diabetes, and the surgery was intended to alleviate this.

The Tribunal found that the gastric sleeve surgery did constitute medical treatment under the SRC Act. However, it determined that there was no medical evidence to establish a link between the surgery and the applicant's accepted psychological condition. While acknowledging that stress can impact physical health, the Tribunal noted that the applicant had not sought compensation for her diabetes, and its jurisdiction was limited to the accepted condition. Relying on expert medical opinion, the Tribunal concluded that gastric sleeve surgery is for managing obesity-related conditions like diabetes, but not for treating an adjustment disorder. Consequently, the Tribunal found that the medical treatment was not obtained in relation to the accepted condition.

As the Tribunal found that the gastric sleeve surgery was not medical treatment obtained in relation to the accepted condition, it followed that the treatment could not be considered reasonable in the circumstances of the accepted condition. Therefore, the Tribunal concluded that compensation was not payable under section 16 of the SRC Act for the claimed medical expenses, and the decision under review was affirmed.