[1991] 2 VR 214
GC WOOD and SON (AUSTRALIA) PTY LTD v CULLEN
SUPREME COURT OF VICTORIA APPEAL DIVISION
YOUNG CJ, O'BRYAN and VINCENT JJ
21-22 August, 24 September 1990
[1991] 2 VR 214
Accident compensation — Accident Compensation- Tribunal — Power to declare
rights as to future expenses — "Medical service" — "Attendant care" — "Rehabilitation" — "Curative appliance" — Workers Compensation Act 1958
(No. 6419), s26..
S26(1) of the Workers Compensation Act 1958 provided that where an employer
was liable to pay compensation under any provision of the Act, then the
employer should be liable to pay as compensation "the reasonable costs of the
medical, hospital, nursing and ambulance services incurred by reason of the
injury . . .". "Medical service" was defined by s26(2) of the Act to include a
broad range of matters some of which were outside the ordinary meaning of
medicine.
The respondent was rendered quadriplegic as a result of injuries sustained in
a motor car accident in the course of his employment and became totally
incapacitated, requiring two attendants to assist with every aspect of his
daily routine. Having become entitled to weekly payments of compensation in
accordance with s9 of the Workers Compensation Act 1958, the respondent
applied to the Accident Compensation Tribunal pursuant to s26 of that Act for
payment in respect of "attendant care", an electric wheelchair, a water chair
and a shower thermostat.
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[1991] 2 VR 214
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