Howard and Comcare (Compensation)

This matter concerned an appeal by Ms Kerry Howard against a decision by Comcare to affirm its determination that she was no longer entitled to compensation for medical expenses or incapacity for work. Comcare had initially accepted liability for injuries Ms Howard sustained in a motor vehicle accident on 30 March 2006 while travelling to work. The dispute before the Administrative Appeals Tribunal, presided over by Senior Member Dr James Popple, was whether Ms Howard continued to suffer from the effects of these injuries to the extent that Comcare remained liable under sections 16 and 19 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth).

The legal issues before the Tribunal were whether Ms Howard's current medical treatment was obtained "in relation to" her accepted injuries, and whether any current incapacity for work was "as a result of" those injuries. These questions were contingent on whether Ms Howard continued to suffer from the effects of the injuries sustained in the 2006 accident. The Tribunal noted that while the definition of "injury" and section 6 of the *Safety, Rehabilitation and Compensation Act 1988* had been amended in 2007, the provisions as they stood at the time of the 2006 accident continued to apply to Ms Howard's injuries.

The Tribunal considered extensive medical evidence from various practitioners, including Ms Howard's general practitioner, an orthopaedic surgeon, a neurologist, a pain medicine specialist, a rheumatologist, an occupational physician, and a general physician. The core of Comcare's decision was that Ms Howard no longer suffered from the effects of the 2006 injuries. The Tribunal's reasoning focused on this central factual determination. If Ms Howard no longer suffered from the effects of the injuries, then any medical treatment would not be "in relation to" those injuries, and any incapacity for work would not be "as a result of" them, thereby negating Comcare's liability under sections 16 and 19 respectively.

The Tribunal affirmed Comcare's decision. It found that Ms Howard no longer suffered from the effects of the injuries sustained in the 2006 accident. Consequently, Comcare was no longer liable to pay compensation for medical expenses under section 16 or for incapacity for work under section 19 of the *Safety, Rehabilitation and Compensation Act 1988*.