Mohan Raja and Comcare (Compensation)

This matter concerned an appeal by the applicant, Mohan Raja, against decisions of the respondent, Comcare, to affirm decisions refusing compensation for medical expenses, specifically ongoing hydrotherapy and pool passes, under section 16 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth). The dispute centred on whether the applicant continued to suffer the effects of his compensable conditions and whether the requested treatment was reasonable.

The court was required to determine two primary legal issues. Firstly, whether the effects of the applicant's compensable injuries, specifically a lumbo-sacral strain in 1996 and a sacroiliac muscle strain in 1997, had ceased by at least 29 September 2016. Secondly, if the effects of the compensable conditions had ceased, whether it was reasonable for the applicant to continue receiving compensation for ongoing hydrotherapy and pool passes.

The court found that the applicant had not been entirely accurate in his claim form, particularly regarding prior back injuries. Evidence, including medical reports and hospital records, indicated that the applicant had experienced lower back pain prior to his employment with the Department of Defence in 1994, including an incident in 1992 or 1993. The court relied on a medical report concluding that the applicant had a constitutional lumbar spondylosis condition that was exacerbated by both his employment and events outside of his employment. Consequently, the court determined that the applicant ceased to suffer the effects of the "lumbo-sacral strain (episode-only)" by at least 29 September 2016.

As a result of this determination, the court concluded that there was no present liability for Comcare to pay compensation for medical expenses related to the condition under section 16 of the SRC Act from that date onwards. Therefore, Comcare was not liable to pay for the applicant's ongoing hydrotherapy and pool passes. The court affirmed the decisions under review.