Gordon and Comcare (Compensation)

This matter concerned an appeal by Ms Gordon against a decision by Comcare affirming a determination that massage therapy was not a reasonable treatment for her accepted conditions, namely post-traumatic stress disorder (PTSD) and secondary bruxism, chronic gingivitis, neurodermatitis, and tension headaches. Ms Gordon had been receiving massage therapy since 2003, with Comcare having accepted liability for this treatment in 2003 based on a general practitioner's recommendation. Payments for this therapy ceased in 2018, leading to the reviewable decision. The appeal was heard by Deputy I R Molloy P.

The primary legal issue before the court was whether the massage therapy sought by Ms Gordon was "reasonable to obtain in the circumstances" under section 16(1) of the *Safety, Rehabilitation and Compensation Act 1988* (Cth). This required the court to consider the costs and benefits of the treatment, as well as its past efficacy and the extent to which it had been undertaken. The court was tasked with evaluating the medical evidence presented by both parties to determine the reasonableness of the ongoing provision of massage therapy.

The court's reasoning focused on the expert medical evidence. While Ms Gordon provided evidence of the perceived benefits of massage therapy for her symptoms, the court gave greater weight to the opinions of Dr Reddan, a consultant psychiatrist engaged by Comcare, over Dr Grotowski, Ms Gordon's treating psychiatrist. Dr Reddan was considered independent and had access to a broader range of material. Both Dr Reddan and Dr Grotowski agreed that massage therapy was not an evidence-based or recommended treatment for PTSD. Dr Grotowski, despite initially supporting Ms Gordon's request in an advocacy role, ultimately did not recommend massage therapy and suggested that Ms Gordon's physical pain might have other causes requiring investigation. The court found that, based on the expert evidence, massage therapy was not reasonable in respect of Ms Gordon's accepted conditions.

Consequently, the court affirmed the reviewable decision dated 14 February 2019, meaning Comcare was not liable for the cost of further massage therapy for Ms Gordon's accepted conditions.