Hogan and Comcare (Compensation)

This matter concerned an application by the applicant for review of a decision by Comcare that affirmed a determination that the applicant was not entitled to compensation for psychological treatment in respect of the aggravation of adhesive capsulitis of the shoulder (right) from April 2016. The applicant had been employed as a customer service officer and had a history of claims for bilateral carpal tunnel syndrome, aggravation of lateral epicondylitis (right), and aggravation of chronic pain syndrome (right).

The legal issues before the court were whether the psychological treatment claimed by the applicant was reasonable treatment for a compensable condition under section 16 of the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act), and whether the applicant continued to suffer from previously recognised conditions, whether these conditions contributed to an incapacity for work, and whether she was entitled to compensation for permanent impairment, including non-economic loss. The applicant also contended that she suffered from an adjustment disorder with depressed and anxious mood, and that this psychological ailment was contributed to by her employment with the Commonwealth.

The court considered the applicant's contentions that she continued to suffer significant ongoing pain from her accepted conditions, that these conditions were exacerbated by her employment and a mishandled return to work program, and that she had suffered permanent impairment. The applicant also argued that her psychological condition arose from the handling of her accepted conditions, her return to work, and workplace harassment. However, the court found that the psychological treatment claimed by the applicant was in respect of non-compensable conditions.

Consequently, the court affirmed the decisions under review, finding that the psychology treatment was not recoverable in accordance with section 16(1) of the SRC Act as it related to non-compensable conditions.