Green and Comcare

[2003] AATA 81

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2003] AATA 81

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No N2002/1057

GENERAL ADMINISTRATIVE  DIVISION		)
Re		ROBERT GREEN

Applicant

And COMCARE

Respondent

DECISION

Tribunal Dr J D Campbell, Member

Date30 January 2003

PlaceSydney

Decision The Tribunal determines that the decision under review be affirmed.

[SGD] Dr J D Campbell   Member

CATCHWORDS

COMPENSATION - injury - medical treatment – claim for compensation in respect of journeys for medical treatment – whether journeys which are individually less than 50 kilometres but which in total exceed 50 kilometres are compensable under section 16 of the Safety, Rehabilitation and Compensation Act 1988

LEGISLATION

Safety, Rehabilitation and Compensation Act 1988 section 16

CASES

Allen and Comcare [2001] AATA 379 considered and followed

REASONS FOR DECISION

30 January 2003   Dr J D Campbell, Member                 

1.      In this matter Mr Robert Green ("the Applicant") seeks a review of the decision dated 15 July 2002 made by an authorised delegate of Comcare ("the Respondent”) which affirmed an earlier decision, dated 24 May 2002, made by the Respondent that the Applicant was not entitled to compensation in respect of journeys made to receive medical treatment for his compensable right thumb injury. 

2.      A hearing was held by telephone on 17 January 2003 at which the self represented Applicant gave oral evidence. The Respondent was represented by Mr T Ainsworth, a solicitor from Philips Fox. Mr P Ontong from Comcare was also in attendance on the telephone hearing.

3.      The following documents were placed into evidence before the Tribunal:

Exhibit	Description	Date
T1-T13 p1-127	Documents prepared pursuant to section 37 of the Administrative Appeals Tribunal Act 1975
R1	Respondent's Statement of Facts and Contentions	10 October 2002

issues

4.      The relevant issue before the Tribunal was whether the Applicant was entitled to compensation for journeys made to receive medical treatment for a compensable injury to his right thumb.

legislation

5.      The relevant legislation in this matter is the Safety, Rehabilitation and Compensation Act 1988 ("the Act") and in particular subsections 16 (6), (7) and (8).

background

6.      The Applicant suffered an injury to his right thumb in 1964 while serving in the Navy. The Applicant made a claim for compensation for a broken right thumb injured while serving in the Navy in 1964 on 8 June 2001 (T4). Liability for this condition was accepted by the Respondent on 13 November 2001 (T6). The Applicant was initially treated conservatively by Dr P Scougall, Consultant Orthopaedic Surgeon as was noted in the report dated 10 August 2001 (T5). Following review on 13 December 2001, operative intervention was undertaken by Dr P Scougall on 4 February 2002 (T8). The cost of the operation was met by Comcare.

7.      The Applicant was referred to a physiotherapist for treatment as part of the post surgical treatment program on 35 occasions between 22 February 2002 and 2 July 2002. The cost of the treatment was met by Comcare.

8.      The Applicant claimed compensation for the reasonable cost…