Rope and Comcare (Compensation)

This matter concerned two separate claims brought by Mrs Rope against Comcare. The first claim related to Mrs Rope's entitlement to compensation for psychological medical treatment, specifically counselling sessions. The second claim concerned Mrs Rope's entitlement to compensation for medical expenses incurred for Deglycerinated Liquorice (DGL) tablets. The case was heard by Deputy Gary Humphries Ao P of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the psychological counselling Mrs Rope sought was obtained in relation to her compensable injury, whether such treatment was reasonable in the circumstances, and if so, what amount of compensation was appropriate. For the DGL tablets, the Tribunal had to determine if the medical expenses were recoverable under the relevant legislation.

Regarding the psychological counselling, the Tribunal affirmed the reviewable decision that Mrs Rope was not entitled to compensation. This decision was based on the reasoning that while Mrs Rope suffered from a condition that arose from her 1987 motor vehicle accident, and which was accepted as compensable, the extensive psychological counselling received by February 2018 was no longer considered reasonable treatment for that condition. The Tribunal noted that much of the distress addressed by the counselling was generated by Mrs Rope's interactions with Comcare and her focus on litigation, suggesting that such support could be provided by non-insurer funded sources. In contrast, the Tribunal set aside the reviewable decision concerning the DGL tablets. It found that Mrs Rope was entitled to recover $117.37 for the cost of these tablets and their postage, as this treatment was considered the best option for her reflux oesophagitis, with alternatives causing undesirable side effects. The Tribunal ordered Comcare to pay 20% of Mrs Rope's costs.