Giardina and Comcare (Compensation)

This matter concerned an appeal by Ms Giardina against a decision by Comcare regarding the provision of household services. Ms Giardina sought compensation for household assistance, which she claimed was necessitated by a compensable injury to her right shoulder sustained in 2004. The dispute centred on the number of hours of household cleaning assistance that were reasonably required by Ms Giardina as a result of her injury. The Administrative Appeals Tribunal (AAT) was required to determine the extent to which Ms Giardina's need for household cleaning assistance was attributable to her compensable injury.

The Tribunal was tasked with determining the legal issues of whether Ms Giardina's claimed requirement for household cleaning assistance could be attributed to her compensable shoulder injury, and if so, what number of hours of such assistance were reasonable. This involved assessing the medical evidence regarding the functional limitations imposed by her injury and comparing these limitations to the nature of the household tasks she claimed required assistance. The Tribunal also considered previous determinations and recommendations regarding the provision of household services.

The Tribunal's reasoning was primarily based on the medical evidence provided by occupational physicians and occupational therapists. While acknowledging that Ms Giardina had a continuing restriction for activities requiring elevation of her right elbow above shoulder height due to her injury, the Tribunal was not persuaded that her entire claimed need for household cleaning assistance was solely attributable to this injury. The Tribunal found that some, but not all, of the household cleaning activities she was obtaining assistance with would require elevation above shoulder height. Applying this, the Tribunal concluded that it was reasonable for Comcare to pay for one hour per week of household cleaning services.

Consequently, the Tribunal set aside the reviewable decision dated 28 April 2015 and remitted the matter to Comcare for reassessment in accordance with the Tribunal's findings. A decision on costs was reserved, with parties given 14 days to make submissions.