Insurer told to pay for philosophy costs

The Administrative Appeals Tribunal on Wednesday found Comcare was wrong to reject Eleanor Rope's claim for compensation for the costs of travel to lessons.

The former Commonwealth public servant was hurt in a motor vehicle accident in 1987, leaving her with chronic pain and other symptoms.

Her condition was exacerbated in a fall on the job and she ceased employment on invalidity grounds in 1999.

She subsequently claimed and was compensated for several medical conditions, including depression and chronic pain.

The trouble began when Mrs Rope's doctor and psychologist suggested she study mindfulness – the practice of living each moment attentively, respectfully and openly – to help with her medical ailments.

Mrs Rope attempted to claim compensation for the costs of travel as on some occasions she was not medically fit to drive to classes and had to catch taxis to attend lessons as she lived on a farm outside Canberra that had no access to public transport.

Comcare rejected two applications, claiming it was not "medical treatment" and not obtained at the direction of a doctor.

Mrs Rope challenged the decisions in the tribunal, saying she undertook the study program in the hope of achieving greater purpose in life and to find intellectual stimulation "to help fill losses which resulted from my having to take early retirement from the workforce".

Tribunal member Simon Webb accepted that Mrs Rope attended the mindfulness classes at the direction of her doctor for therapeutic purposes relating to the treatment of her depression.

"Mrs Rope is entitled to compensation in respect of the costs of attending mindfulness classes as directed by her treating doctor and supported by her psychologist, being medical treatment that it is reasonable for her to obtain in relation to her accepted injury, subject to claim and to periodic review," he wrote.

Mr Webb ordered Comcare compensate Mrs Rope for travel costs to attend the classes.