Miles and Comcare (Compensation)

This matter came before the Administrative Appeals Tribunal concerning a claim by Ms Miles against Comcare. Ms Miles sought compensation for injuries allegedly sustained in a motor vehicle accident on 8 September 2006. The dispute centred on the nature and cause of her injuries, particularly dental issues, and whether they were attributable to the accident for which Comcare was liable.

The Tribunal was required to determine the extent to which Ms Miles's injuries, including dental problems and aphasia, were a consequence of the motor vehicle accident. This involved assessing conflicting evidence regarding the accident itself, the mechanism of injury, and the subsequent medical treatment and diagnoses. The Tribunal also had to consider the impact of Ms Miles's pre-existing conditions and subsequent medical events, such as a cerebral malignancy, on her ability to recall the accident and her subsequent symptoms.

The Tribunal found that Ms Miles's poor recall of the motor vehicle accident and subsequent events was substantially contributed to by a cerebral malignancy diagnosed in 2011, for which she underwent significant medical treatment. Consequently, the Tribunal placed limited reliance on Ms Miles's detailed account of the accident as presented in a later statement. Instead, the Tribunal relied on an earlier, witnessed statement made by Ms Miles on 24 September 2006, which provided a more consistent account of the immediate aftermath of the accident. The Tribunal noted that Ms Miles had provided varying reports of the accident's details over a decade.

The Tribunal determined that Ms Miles's claim for dental treatment for seven nominated teeth was not established as arising from the motor vehicle accident. The Tribunal also noted the significant delay in Ms Miles lodging a complaint with AHPRA, which occurred after Comcare had made its reviewable decision denying liability for the dental treatment.