16Compensation in respect of medical expenses etc.

#### 16 Compensation in respect of medical expenses etc. (1) Where an employee suffers an injury, Comcare is liable to pay, in respect of the cost of medical treatment obtained in relation to the injury (being treatment that it was reasonable for the employee to obtain in the circumstances), compensation of such amount as Comcare determines is appropriate to that medical treatment. > Note: Compensation is not payable under this subsection in relation to certain claims (see section 119A). (2) Subsection (1) applies whether or not the injury results in death, incapacity for work, or impairment. (3) For the purposes of subsection (1), the cost of medical treatment shall, in a case where the treatment involves the supply, replacement or repair of property used by the employee, be deemed to include any fees or charges paid or payable by the employee to a legally qualified medical practitioner or dentist or other qualified person for a consultation, examination, prescription or other service reasonably required in connection with that supply, replacement or repair. (4) An amount of compensation payable by Comcare under subsection (1) is payable: (a) if the employee has paid the cost of the medical treatment—to, or in accordance with the directions of, the employee; or (b) if the employee dies before the compensation is paid and without having paid the cost referred to in subsection (1) and another person, not being the legal personal representative of the employee, has paid that cost—to that other person; or (c) in any other case—to the person to whom the cost is payable. (5) Where a person is liable to pay any cost referred to in subsection (1), any amount paid under subsection (4) to the person to whom that cost is payable is, to the extent of the payment, a discharge of the liability of the first‑mentioned person. (6) Subject to subsection (7), if: (a) compensation in respect of the cost of medical treatment is payable; and (b) the employee reasonably incurs expenditure in doing either or both of the following: (i) making a necessary journey for the purpose of obtaining that medical treatment; (ii) remaining, for the purpose of obtaining that medical treatment, at a place to which the employee has made a journey for that purpose; Comcare is liable to pay compensation to the employee: (c) in respect of the journey—of an amount worked out using the formula:  where: specified rate per kilometre means such rate per kilometre as the Minister specifies, by legislative instrument, under this subsection in respect of journeys to which this subsection applies. numbers of kilometres travelled means the number of whole kilometres Comcare determines to have been the reasonable length of such a journey as it was necessary for the employee to make (including the return part of the journey). (d) in respect of the employee remaining for the purpose of obtaining the treatment—of an amount equal to the expenditure so reasonably incurred in remaining for that purpose. (7) Comcare is not liable to pay compensation under subsection (6) unless: (a) the reasonable length of such a journey as it was necessary for the employee to make (including the return part of the journey) exceeded 50 kilometres; or (b) if the journey made by the employee involved the use of public transport or ambulance services—the employee’s injury reasonably required the use of such transport or services regardless of the distance involved. (8) The matters to which Comcare shall have regard in deciding questions arising under subsections (6) and (7) include: (a) the place or places where appropriate medical treatment was available to the employee; (b) the means of transport available to the employee for the journey; (c) the route or routes by which the employee could have travelled; and (d) the accommodation available to the employee. (9) Where: (a) an employee suffers an injury; (b) a person has reasonably incurred expenditure in connection with the transportation of the employee, or, if the employee has died, of his or her body, from the place where the injury was sustained to a hospital or similar place, or to a mortuary; and (c) the employee, or the legal personal representative of the employee, does not make a claim for compensation in respect of that expenditure; Comcare is liable to pay compensation to the person who incurred the expenditure of an amount equal to the amount of that expenditure.