Scarmozzino and Telstra Corporation Limited (Compensation)

The Administrative Appeals Tribunal reviewed a decision by Telstra Corporation Limited (the Respondent) to refuse compensation for household services to the Applicant, Mr Scarmozzino. The Applicant sought compensation for gardening services, arguing they were reasonably required due to injuries sustained in 1995 and 1996, which resulted in chronic pain and a need for microdiscectomy surgery. The Respondent had affirmed its initial determination to refuse compensation for these services.

The primary legal issue before the Tribunal was whether the gardening services sought by the Applicant were reasonably required as a result of his work injury, pursuant to section 29 of the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act). This required the Tribunal to consider the factors outlined in subsection 29(2) of the SRC Act, including the Applicant's pre-injury capacity to perform such services, the needs of his household, and the capacity of other household members to provide the services.

The Tribunal considered the Applicant's evidence regarding his ongoing pain and limitations, particularly his inability to perform gardening tasks without exacerbating his back condition. It also examined the composition of his household, noting his wife's part-time work and physical struggles, and his adult children's demanding study and work commitments, none of whom had gardening experience or spare time. The Tribunal applied the principles of section 29 of the SRC Act, which requires an assessment of whether the services are "reasonably required" and considers the capacity of other household members to provide them.

The Tribunal affirmed the Respondent's decision, finding that the gardening services sought by the Applicant were not reasonably required in the circumstances. The Tribunal was not satisfied that the Applicant's wife, son, or daughters were unable to reasonably provide the gardening services, despite their other commitments and lack of experience.