Smith and Comcare (Compensation)

This matter concerned an appeal by Ms Smith against decisions made by Comcare regarding the reasonableness of physiotherapy and massage therapy treatments. The dispute centred on whether these ongoing treatments, which Ms Smith had been receiving for approximately 29 years, were reasonable to obtain in the circumstances under section 16 of the relevant Act. The case was heard by Deputy President Gary Humphries P.

The legal issues before the Tribunal were whether Ms Smith had reasonably required physiotherapy and massage therapy from specific dates, and if so, whether Comcare was liable to pay compensation for these treatments under section 16. Comcare contended that long-term treatment without substantial improvement or cure could not be considered reasonable and that Ms Smith had become dependent on the treatment, hindering her ability to self-manage. The parties agreed that Ms Smith had suffered an injury and that physiotherapy and massage fell within the definition of medical treatment related to that injury, leaving the reasonableness of the treatment as the sole point of contention.

The Tribunal considered that the determination of reasonableness under section 16 involved a cost-benefit analysis, weighing the cost of treatment against the benefits conferred, and appraising the specific circumstances of the injured worker. While acknowledging the general principle that long-term passive treatment is often not considered reasonable, the Tribunal found Ms Smith's circumstances to be an exception. The evidence indicated that the physiotherapy and massage treatments, though passive and long-term, had been conspicuously effective in facilitating her continued participation in the workforce at a modest cost. The Tribunal concluded that treatments achieving the Act's objectives, such as the rehabilitation of an injured worker, should be given a premium.

Consequently, the Tribunal set aside Comcare's reviewable decisions and determined that Ms Smith was entitled to compensation for ongoing physiotherapy and massage therapy. The Tribunal also directed that Comcare pay Ms Smith's costs of the proceedings.