Frew and Comcare (Compensation)

This matter concerned an appeal by Mr Frew against decisions of Comcare that denied him certain compensation benefits. Mr Frew had a long employment history and suffered a compensable injury to his back, which subsequently required surgery. The dispute centred on whether Mr Frew's ongoing pain and resulting inability to work were still attributable to his original compensable injury, and if so, whether expenses for myotherapy and household assistance were payable. The case was heard by Dr Damien Cremean, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Mr Frew's current painful back condition was a continuing consequence of his employment injury, and if that was established, whether the claimed expenses for myotherapy and household assistance were payable under the relevant provisions of the *Safety, Rehabilitation and Compensation Act 1988* (Cth).

The Tribunal's reasoning was heavily influenced by the medical evidence presented. While acknowledging Mr Frew's significant pain and unfitness for work, the Tribunal found that the medical opinions, particularly that of Dr Khurana, suggested his chronic pain was more likely due to factors other than the original compensable injury. Dr Khurana's opinion was that Mr Frew likely suffered from Scheuermann's disease or "failed back surgery syndrome," which would explain his pain independently of the workplace injury. The Tribunal noted that the opinions of Mr Timms and Dr Sleigh, while acknowledging Mr Frew's suffering, also appeared to attribute his pain to the consequences of multiple spinal surgeries rather than the initial injury. On the balance of probabilities, the Tribunal was not reasonably satisfied that Mr Frew's condition was still due to his employment injury to any significant degree.

Consequently, the Tribunal affirmed the decisions under review. As the Tribunal found that Mr Frew was no longer suffering from his compensable injury, he was not entitled to the claimed benefits, including myotherapy expenses and household assistance.