O’Hara and Comcare (Compensation)

This matter concerned an application by Mr O’Hara for reimbursement of costs associated with electronic application subscriptions, which he asserted should have been included in his rehabilitation program under the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act). The dispute arose after Comcare declined to include these subscriptions in Mr O’Hara’s rehabilitation program, which was established to assist him with post-traumatic stress disorder and irritable bowel syndrome. The case was heard by Mr S. Webb, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the electronic application subscriptions, specifically a sleep monitoring app, health tracking apps, and language training software, were reasonably and appropriately included as part of Mr O’Hara’s rehabilitation program. This required the Tribunal to consider the definition of a "rehabilitation program" under the SRC Act and the factors to be taken into account when determining such a program, as outlined in section 37(3) of the Act.

The Tribunal reasoned that while the SRC Act defines "rehabilitation program" broadly to include various medical and vocational services, the inclusion of specific items requires sufficient probative evidence. In this instance, there was no medical evidence to support the necessity of a sleep monitoring app for Mr O’Hara's PTSD, nor was there evaluative evidence regarding the efficacy of the language training software for improving his employment prospects or rehabilitation. The Tribunal emphasised that the low cost of the subscriptions or the injured employee's views alone were insufficient grounds for their inclusion. The decision-maker must be satisfied of the reasonableness and appropriateness of such inclusions by considering all relevant matters under section 37(3) of the SRC Act.

Ultimately, the Tribunal affirmed the decision under review. It found that Mr O’Hara had not provided sufficient evidence to establish a reasonable basis for including the electronic application subscriptions within his rehabilitation program, despite the substantive issue warranting a full determination rather than dismissal.