Heales and Comcare (Compensation)

This matter concerned an application by Ms Heales for compensation from Comcare for the costs of massage and acupuncture treatments. The dispute centred on whether these treatments constituted "medical treatment" under section 16 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth), whether they were provided in relation to Ms Heales's compensable knee injury, and if so, whether they were reasonable in the circumstances. The decision was made by Member Mark Hyman.

The court was required to determine three key legal issues. Firstly, whether massage and acupuncture are considered "medical treatment" for the purposes of the Act. Secondly, whether the evidence established that these treatments were provided "in relation to" Ms Heales's accepted compensable knee injury. Thirdly, even if they were considered medical treatment and related to her injury, the court had to assess whether it was reasonable for Ms Heales to obtain these therapies in her specific circumstances, applying the principles outlined in the Clinical Framework for the Delivery of Health Services.

Member Hyman reasoned that while both massage and acupuncture could be considered medical treatment, the evidence did not sufficiently demonstrate that they were provided in relation to Ms Heales's compensable injury. Furthermore, the court found that while massage might be considered reasonable treatment in some circumstances, the evidence did not support the continuation of acupuncture treatment as reasonable. The court noted that Ms Heales's subjective impression of increased lymphoedema post-knee replacement was not determinative, and Comcare could not dispute the provenance of the knee injury for the purpose of limiting payments under section 16 when liability for the condition had already been accepted under section 14.

Ultimately, the court determined that it was not reasonable to continue acupuncture treatment for Ms Heales. However, it found that massage treatment was reasonable in the circumstances. Comcare was therefore ordered to continue to pay for Ms Heales's massage treatments, but not for acupuncture.