[2015] AATA 386
Division GENERAL ADMINISTRATIVE DIVISION File Number(s)
2014/1600
Re
George Stacey
APPLICANT
And
Comcare
RESPONDENT
DECISION
Tribunal Deputy President Gary Humphries
Date 2 June 2015 Place Canberra The decision under review is affirmed.
........................[sgd]................................................
Gary HumphriesCatchwords
COMPENSATION – Commonwealth employee – applicant suffered stroke at work – whether costs of medical treatment in relation to injury suffered at work – medical treatment prescribed for purposes other than treatment of stroke – decision under review affirmed.
Legislation
Safety Rehabilitation and Compensation Act 1988 (Cth)
Cases
Abrahams v Comcare (2006) 93 ALD 147
Dunkerley and Comcare [2014] AATA 381
Dunkerley v Comcare [2015] FCA 392
Pratt and Comcare [2004] AATA 1281Telstra Corporation Ltd v Hannaford (2006) 151 FCR 253
Secondary Materials
Commonwealth, Parliamentary Debates, House of Representatives, 27 April 1988, 2191 (Brian Howe)
REASONS FOR DECISION
Decision under review
This decision under review is a decision of Comcare dated 12 March 2014 (affirming a determination dated 2 January 2014) that Comcare was not liable to pay compensation to Mr Stacey under s 16 of the Safety, Rehabilitation and Compensation Act 1988 (the Act) for the costs of two pharmaceuticals (Anagrelide and Asasantin) and of medical reviews by his treating haematologist.
At the outset of the hearing Mr Stacey indicated that a related application (2014/1599) need not be considered by the Tribunal because it related to superficial wound dressings for an ulcer on his right ankle. This ulcer had cleared up and he no longer required these dressings. The Tribunal dismissed this application by consent.
The hearing proceeded on the basis that Mr Stacey sought compensation for a third pharmaceutical, Pravachol. On later examination, it became evident that neither of the two reviewable decisions by the respondent in relation to Mr Stacey's claims had dealt with this drug, and as a result the Tribunal probably had no jurisdiction to make a fresh decision in relation to it. However, for the sake of completeness I will include reference to it in these reasons, in that I found that the fate of a claim for this drug would have been the same as for the other two drugs.
Background
On 15 September 2003, Mr Stacey had the misfortune to suffer a stroke while at work at the Australian Taxation Office. He spent some time in hospital after this incident, and needed extensive rehabilitation to restore some measure of normalcy to his life. Even so, the effects of the stroke remain with him today. He walks with a limp. He has pins and needles down his left side, and his left leg and arm are always cold. He sometimes suffers severe sciatic pain, and muscles on the right side of his body also experience pain as they compensate for the weakness of other muscles.
Unsurprisingly in these circumstances, Mr Stacey gave up work in 2004. Comcare accepted liability for "unspecified cerebrovascular disease" (in effect, a stroke), and for 10 or so years following the incident was meeting a range of Mr Stacey's…
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- George Stacey and Comcare [2015] AATA 386
- Case
- [2015] AATA 386
- Decision Date
CaseChat Overview and Summary
The Tribunal found that the costs of the medical treatments in question were not related to the treatment of the stroke itself but rather to Mr Stacey's pre-existing condition of essential thrombocythaemia. While the Tribunal acknowledged the impact of the stroke on Mr Stacey's life and the need for continued medical treatment, it concluded that the costs of treatment for conditions not directly resulting from the stroke were not compensable. The Tribunal upheld the decisions of Comcare to discontinue payments for certain treatments, including Anagrelide, Asasantin, Pravachol, wound dressings, and visits to the haematologist.
In affirming the decisions of Comcare, the Tribunal emphasized that the legislation requires a direct link between the compensable injury and the costs of the treatment in question. Since the treatments were not prescribed specifically for the stroke, but rather for the management of thrombocythaemia, the Tribunal found that Comcare was not liable for these costs. The Tribunal's decision was based on the lack of a direct causal connection between the stroke and the treatments in dispute.
The Tribunal's decision was upheld, and the determinations made by Comcare were affirmed. Mr Stacey's claim for compensation for the costs of the specified medical treatments was dismissed.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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