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Medical expenses compensation

Woolworths Ltd v Waterhouse & Anor [2008] NSWWCCPD 131. Byron DP. 04.11.08.

reasonably necessary... "In Bartolo v Western Sydney Area Health Service (1997) 14 NSWCCR 233, Burke CCJ specified a number of factors that are relevant in determining whether treatment is reasonably necessary. These are:

the appropriateness of the treatment;

available alternatives;

relative cost;

potential effectiveness;

and the usualness of the treatment" [118]:

Bartolo v Western Sydney Area Health Service (1997) 14 NSWCCR 233 per Burke J >>

Rose v Health Commission (1986) 2 NSWCCR 32 per Burke J >>

From explanatory memorandum Workers Compensation Legislation Amendment Bill 2010, Act 101/2010, assented 16.11.10:

Disputes about prospective medical treatment

Schedule 1 [11] provides that the jurisdiction of the Commission with respect to disputes about payment of medical, hospital and rehabilitation expenses extends to disputes about any proposed treatment or service.

This will enable the Commission to determine a dispute about whether a treatment or service is reasonably necessary before the treatment or service is provided.

1987 Act s 60(5):

(5)  The jurisdiction of the Commission with respect to a dispute about compensation payable under this section extends to a dispute concerning any proposed treatment or service and the compensation that will be payable under this section in respect of any such proposed treatment or service. Any such dispute must be referred by the Registrar for assessment under Part 7 (Medical assessment) of Chapter 7 of the 1998 Act, unless the regulations otherwise provide.


Sutherland SC [Self] v Webb [2007] NSWWCCPD 238. Byron DP. 04.12.07. Byron DP said [infra 36]: "As s 60 is an indemnity provision, no order of payment can be made under that section until the cost has been incurred. "Once payment of an amount has been ordered in an award, the payment can be enforced:Widdup v Hamilton [2006] NSWWWCCPD 258. A declaration of future liability for an amount does not constitute a cost payable under s 60: Widdup."

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