A Canberra public servant who tried to claim almost $20,000 worth of cosmetic breast surgery has had her workers’ compensation bid rejected.
The Australian Tax Office worker told the Administrative Appeals Tribunal (AAT) she required the breast-reduction surgery because treatment for neck and shoulder pain had caused her to gain weight and had increased her breast size from DD to F.
The AAT ruled that exercise, rather than cosmetic surgery, would have been a better solution.
“The costs of a dietician, exercise program, or enrolment in an organisation such as Jenny Craig or Weight Watchers would be considerably less costly than the approximately $20,000 cost of [her] breast-reduction surgery,” AAT member Dr Marella Denovan said.
Comcare, the public service workers compensation fund, accepted the woman’s shoulder and neck pain was as a result of constantly sitting at her work computer and agreed to pay for treatment.
But the woman’s request for $19,956 in compensation for her breast-reduction surgery was denied on the grounds that the surgery was not part of the agreed treatment plan, nor was it done at the direction of a legally qualified medical practitioner.
The AAT found the woman had long been considering breast-reduction surgery and had also undergone other cosmetic surgeries at the same time.
They included an abdominoplasty to strengthen her stomach muscles.
“I believe [the woman] would have undergone the surgery … regardless of whether it may or may not help relieve her pain,” Dr Denovan said.
“Although [she] insists in her evidence that she underwent plastic surgery for the purpose of treating pain … the clinical notes include consent forms … for Botox therapy.”
The ruling noted the woman’s doctor was “coy” when asked about the Botox treatment.
The AAT heard the woman’s approved treatment plan had included a range of home exercises which she had not done.
“It is not for the [woman] to pick and choose the therapies of her choice and then seek to claim reimbursement for that choice,” Dr Denovan said.
“It was not, in my opinion, reasonable … for [her] to pursue breast-reduction surgery as a form of reducing the weight of her breasts until she had attempted one or more general weight loss programs.
“Even then, the surgery would not necessarily be reasonable.”