Wells and Comcare (Compensation)

This matter concerned an application for review by the Applicant against a determination by the Respondent, Comcare, to cease liability for the Applicant's medical treatment. The Applicant had suffered a work-related repetitive strain injury in 1984, initially accepted by Comcare as writer's cramp style and later revised to nerve root and plexus disorder (unspecified). The dispute centred on Comcare's present liability for ongoing treatment, including massage, acupuncture, and a gym program, which Comcare had declined to pay for on the basis that the treatment did not meet the principles of the Clinical Framework for the Delivery of Health Services.

The court was required to determine whether Comcare was liable to pay for the Applicant's ongoing treatment, specifically massage, acupuncture, and a gym program, and whether such treatment was reasonable in the circumstances. This involved considering the effect of any secondary conditions on Comcare's liability and assessing the reasonableness and efficacy of the treatments provided, particularly in light of the Clinical Framework.

The Deputy President found that the treatments were not reasonable in the circumstances. While acknowledging the Applicant's long history of pain and treatment, the court noted the extensive duration and cost of the massage therapy, which had continued for approximately 34 years and amounted to nearly $110,000. The court also considered the acupuncture sessions and the gym membership renewal. Applying the principles of the Clinical Framework, the court concluded that the treatments, despite being medical in nature, were not reasonable or effective in managing the accepted condition or any secondary conditions.

The decision under review was affirmed, meaning Comcare's determination to cease liability for the Applicant's treatment was upheld.