Bennett and Comcare [2017] AATA 1269
Key Point
- Unless an employee can show physiotherapy or similar allied
health treatments are obtained 'in relation to' an
accepted injury, the Tribunal will not support
funding for it.
Background
Ms Bennett had an accepted claim for a "repetitive
strain injury (right) arm" sustained on 15 March 1985 and
had been in receipt of compensation for physiotherapy expenses
since 1993.
On 26 April 2016, Ms Bennett provided a physiotherapy treatment
notification plan for "3 to 5 hands on sessions every 2 to
3 months due to flare up of chronic neck and shoulder
pain". Comcare rejected that claim on the basis that the
proposed physiotherapy treatment was not obtained in relation to
the accepted injury as required by section 16 of the Safety,
Rehabilitation and Compensation Act 1988 (Cth) (SRC Act)
and was inconsistent with the principles set out in the Clinical
Framework for the Delivery of Health Services.
