Olds and Comcare (Compensation)

This matter concerned appeals by the applicant, Mr Olds, against decisions of Comcare concerning his entitlement to compensation for injuries to his right hip and left Achilles tendon. The Administrative Appeals Tribunal was required to determine whether certain medical treatments, specifically a total hip replacement for his right hip and Plasma Rich Platelet (PRP) injections for his left Achilles tendon, constituted reasonable medical treatment for his compensable injuries.

The primary legal issues before the Tribunal were whether the applicant's right hip injury, a labral tear, was caused or aggravated by a specific incident on 10 January 2014, and whether a total hip replacement was reasonable medical treatment for that injury. Additionally, the Tribunal had to consider whether PRP injections were appropriate and reasonable treatment for the applicant's left Achilles tendon condition, given the medical evidence regarding its efficacy and the applicant's prior symptoms.

The Tribunal found that the incident on 10 January 2014 caused a labral tear in the applicant's right hip, which aggravated an underlying degenerative process and accelerated his need for a total hip replacement. This finding was primarily supported by the evidence of the applicant's treating orthopaedic surgeon, Dr Lyons, who had personally observed the tear during surgery. The Tribunal noted that while the applicant had pre-existing osteoarthritic symptoms, the progression of his condition following the 2014 incident was rapid, and he had exhausted other available treatments, including two arthroscopies, without success. Consequently, the Tribunal concluded that the total right hip replacement was reasonable medical treatment. Regarding the Achilles tendon, the Tribunal found no dispute amongst the experts that PRP injections were not appropriate treatment.

Accordingly, the Tribunal set aside Comcare's decisions and substituted them with new decisions. Comcare was found liable for the cost of the total right hip replacement and for medical treatment and incapacity for the right hip sprain. However, the decision under review affirming that PRP injections were not reasonable medical treatment was upheld.