ZXCF and Comcare (Compensation)

This matter concerned an application by ZXCF (the Applicant) to the Administrative Appeals Tribunal for a review of a decision made by Comcare (the Respondent). The dispute centred on Comcare's determination regarding the Applicant's entitlement to compensation for chiropractic treatments. Specifically, a Review Officer had affirmed a previous determination declining liability for certain chiropractic treatments and had also, on an "own motion" reconsideration, varied a prior acceptance of monthly chiropractic treatment and general practitioner consultations, finding that chiropractic treatment was no longer reasonable medical treatment for the Applicant's compensable condition.

The legal issues before the Tribunal were whether the Applicant was presently entitled to compensation for continued chiropractic treatment, and whether such treatment was reasonable medical treatment in relation to the workplace injury sustained in 1986. The Review Officer had noted a lack of clinical justification in the provided medical evidence to support a continued relationship between the conditions causing the Applicant's present symptoms and the 1986 workplace injury, suggesting that the symptoms might be related to pre-existing degenerative changes.

The Tribunal considered the available medical evidence, including reports from Dr Chow. The Review Officer's reasoning, which the Tribunal was asked to review, was that despite the Applicant continuing to experience symptoms and receiving yearly medical certificates, there was insufficient evidence to establish a continuing link between these symptoms and the 1986 injury. The Review Officer concluded that there was no present clinical justification to support that the symptoms were a result of the workplace injury, and therefore, no present entitlement to compensation for continued chiropractic treatment. The Tribunal's jurisdiction was limited to reviewing decisions made up to 5 August 2017, as liability for chiropractic treatment had been accepted up to that date in a prior determination.