Maakasa and Comcare (Compensation)

This matter came before the Administrative Appeals Tribunal concerning a claim for compensation by Mr Maakasa against Comcare. Mr Maakasa sought the restoration of weekly compensation payments, coverage for medical treatment and medication, and the re-establishment of household and gardening services. Comcare had previously accepted liability for an injury sustained by Mr Maakasa on or about 10 April 2008, which was initially diagnosed as sacroiliac ligament strain and lumbar strain, and had provided compensation and services accordingly.

The Tribunal was required to determine the extent of Mr Maakasa's ongoing entitlement to compensation and services, particularly in light of his claims of continuous and deteriorating back pain since the 2008 incident. This involved assessing the credibility of Mr Maakasa's evidence regarding his physical limitations and the necessity for the requested services, as well as considering the evidence presented by medical practitioners and other witnesses. The Tribunal also had to consider whether Mr Maakasa's pre-existing spinal conditions, as revealed by imaging, impacted the assessment of his current entitlements.

The Tribunal found that while Mr Maakasa had pre-existing, minimally symptomatic spinal changes, Comcare had accepted liability for the injury sustained in 2008. However, the Tribunal noted inconsistencies in Mr Maakasa's evidence and that of his family members regarding his physical capabilities and the extent of household duties performed by his children. The Tribunal accepted that the initial diagnosis of sacroiliac ligamentous strain was non-specific and that the symptoms likely originated from the lower lumbar spine. Despite Mr Maakasa's claims of significant limitations, the Tribunal acknowledged his work capacity of up to 20 hours per week and his considerable experience in various employment sectors, including timber, hardware sales, small business operation, and landscape gardening. The Tribunal also considered the evidence of an occupational therapist who assessed that Mr Maakasa, with more assistance from his children, should be able to manage household cleaning and gardening tasks.