Comcare v Dalgleish [2018] FCA 2092

Comcare v Dalgleish [2018] FCA 2092

Comcare is liable to pay compensation for supply and replacement of neutral cushioning runners recommended by podiatrist as medical treatment under s 16 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) in relation to the respondent's left foot and ankle injury, as treatment reasonable to obtain in the circumstances; cushioning runners used with custom orthotics fall within the definition of 'curative apparatus' and 'medical, surgical or other similar aid or appliance.'

Jurisdiction
Australia
Judgment Date
21 December 2018
Procedural Posture
Workers' Compensation Appeal / Appeal From Administrative Appeals Tribunal to Federal Court, Judgment
Outcome
Appeal allowed. Decision of Comcare set aside. Comcare ordered to pay for shoes and costs.
Legal Topics
['transitional Provisions Under Safety, Rehabilitation and Compensation Act 1988 (cth)' 'definition of Medical Treatment' 'entitlement to Compensation for Aids and Appliances']
['administrative Law' "workers' Compensation Law" 'statutory Interpretation'] ['transitional Provisions Under Safety, Rehabilitation and Compensation Act 1988 (cth)' 'definition of Medical Treatment' 'entitlement to Compensation for Aids and Appliances']

Case Brief

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Procedural Posture

Workers' Compensation Appeal / Appeal From Administrative Appeals Tribunal to Federal Court, Judgment

Legal Issues

  1. 1 ['Proper interpretation of transitional provisions in s 124 of the Safety, Rehabilitation and Compensation Act 1988 (Cth)' "Whether neutral cushioning runners constitute 'medical treatment' under s 16 and s 4(1)" 'Whether entitlement for compensation is preserved for specific items under previous legislation']

Ratio Decidendi

Comcare is liable to pay compensation for supply and replacement of neutral cushioning runners recommended by podiatrist as medical treatment under s 16 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) in relation to the respondent's left foot and ankle injury, as treatment reasonable to obtain in the circumstances; cushioning runners used with custom orthotics fall within the definition of 'curative apparatus' and 'medical, surgical or other similar aid or appliance.'

Court Disposition

Appeal allowed. Decision of Comcare set aside. Comcare ordered to pay for shoes and costs.

Orders

  • ["Comcare's decision dated 29 November 2016 set aside." "Applicant to pay to the Respondent the costs of supply and replacement of 'neutral cushioning runners' as requested by Respondent’s podiatrist by letter dated 13 July 2016 as a cost of medical treatment obtained in relation to his left foot and ankle injury,...