GGJS and Comcare (Compensation)

This matter concerned an appeal by the Applicant, GGJS, against a decision by Comcare regarding the amount of compensation available for household services, specifically tree clearing. The appeal was heard by Deputy Christopher Kendall P.

The central legal issue before the court was to determine the extent of the Applicant's entitlement to compensation for tree clearing services, considering the provisions of section 29(2) of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) and the evidence presented regarding the Applicant's pre-injury responsibilities, his current medical restrictions, and relevant shire and insurance guidelines.

The court reasoned that while there was medical evidence supporting the need for assistance with tree lopping, the Applicant's entitlement was limited by what would have been reasonably required and performed by him prior to his injury. The court noted that shire requirements for fire hazard reduction and the physical demands of tree removal were significant factors. However, it was inferred that some of the work, such as branch removal, could be incorporated into approved gardening services, and that the Applicant had not historically undertaken full tree removal himself. The court concluded that the Applicant was entitled to compensation for tree clearing services rendered in the week of 9 December 2014, but the maximum amount recoverable was capped at $442.40, as stipulated by the relevant legislation.