Onassys and Comcare (Compensation)

This matter concerned appeals by the applicant, Onassys, against decisions of Comcare regarding compensation claims. The applicant sought physiotherapy/massage therapy and hydrotherapy for shoulder conditions, and also claimed for a chronic pain disorder. The decisions under review related to these claims. The proceedings were heard by M J McGrowdie SM.

The primary legal issues before the court were whether the applicant had provided sufficient medical evidence to support a claim for a chronic pain disorder, and whether the applicant was entitled to reimbursement for physiotherapy/massage therapy and hydrotherapy expenses. The court was required to assess the weight of the medical evidence presented in relation to the chronic pain disorder claim and to determine the validity of the claims for ancillary treatments.

In relation to the claim for a chronic pain disorder, the court found that even if the evidence of Dr Hong was disregarded, the balance of the available medical evidence did not adequately support the diagnosis of such a condition. Therefore, the reviewable decision of Comcare affirming its refusal of this claim was upheld. However, in respect of the claim for physiotherapy/massage therapy and hydrotherapy, the court found in favour of the applicant.

Consequently, the determination of Comcare in Matter No. 2017/1197 was set aside, and the matter was remitted to Comcare for the payment or reimbursement of the massage treatment and hydrotherapy charges that were tendered as evidence. The reviewable decision of Comcare dated 14 July 2016, as it pertained to the claimed condition of a "chronic pain disorder" in Matter No. 2017/1198, was affirmed.