Pharaoh and Comcare (Compensation)

This matter concerned an application by Mr Peter Pharaoh for a review of a decision made by Comcare. Comcare had determined that Mr Pharaoh was no longer entitled to compensation for medical expenses under section 16 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) from 13 July 2015, on the basis that he no longer suffered from the effects of a heart attack he sustained at work on 4 July 1996. The review was heard by Dr James Popple, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Pharaoh continued to suffer from the effects of his 1996 work-related heart attack. This determination was crucial because Comcare's liability to pay compensation for medical expenses under section 16 of the SRC Act is contingent on the treatment being obtained in relation to an injury from which the employee continues to suffer its effects. If Mr Pharaoh no longer suffered from the effects of the injury, any medical treatment obtained would not be considered to be "in relation to" the compensable injury, thereby negating Comcare's liability.

The Tribunal considered medical evidence from cardiologists and a general physician, as well as agreed facts regarding Mr Pharaoh's condition. The Tribunal found that while Mr Pharaoh's heart attack was not severe, it caused scarring in his left ventricle that would not heal. Despite evidence of normal ventricular function at various points, the Tribunal concluded that Mr Pharaoh still suffered from the effects of his heart attack. Consequently, medical treatment obtained by Mr Pharaoh since 13 July 2015 was considered to have been obtained in relation to his compensable injury.

The Tribunal set aside Comcare's decision of 3 September 2015 and substituted a new decision. It determined that Mr Pharaoh continued to suffer from the effects of his heart attack and that Comcare remained liable to pay compensation for medical expenses obtained in relation to that injury, provided the treatment was reasonable in the circumstances.