JFFZ and Comcare (Compensation)

This matter concerned an application by JFFZ (the Applicant) against Comcare (the Respondent) regarding the suspension of the Applicant's compensation payments. The dispute arose from the Applicant's refusal or failure to undertake rehabilitation programs determined for her under section 37 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act). The Applicant had a long history of employment and subsequent redundancy, followed by a claim for compensation for De Quierain’s Tenosynovitis, which was accepted. Despite undertaking several rehabilitation programs, they had not been successful, and the Applicant expressed dissatisfaction with various rehabilitation providers and work trials.

The Tribunal was required to determine whether the rehabilitation programs determined on 19 June 2020 and 30 August 2021 were reasonably made, having regard to the factors set out in section 37(3) of the SRC Act. It also needed to ascertain whether the Applicant's incapacity payments should have been suspended on 11 August 2020, specifically whether she refused or failed to undertake the 19 June 2020 program without reasonable excuse.

The Tribunal found that the rehabilitation program determined on 19 June 2020 was properly and appropriately made for the Applicant, and she was obliged to undertake it. Consequently, her refusal or failure to do so without reasonable excuse justified the suspension of her incapacity payments. Furthermore, the Tribunal concluded that the rehabilitation program determined on 30 August 2021 was also properly and appropriately made, and the Applicant was obliged to undertake it. Accordingly, all decisions under review were affirmed.