This question is testing s 4(3)(b) of the SRC Act:
4(3)For the purposes of this Act, any physical or mental injury or ailment suffered by an employee as a result of medical treatment of an injury shall be taken to be an injury if, but only if:
(a)compensation is payable under this Act in respect of the injury for which the medical treatment was obtained; and
(b)it was reasonable for the employee to have obtained that medical treatment in the circumstances.
In particular, it is seeking to establish whether it was reasonable in the circumstances for the client to have obtained the medical treatment for the compensable injury.
Section 4(3) applies only where:
- a client suffers a further injury because of medical treatment;
- the medical treatment was for a condition for which compensation is payable; and
- the medical treatment was reasonable in the circumstances, having regard to the employee's compensable condition.
Note that s6A extends coverage for ADF personnel to treatment of injuries where the original condition was not compensable; see the discussion of unintended consequence of medical treatment paid for by the Commonwealth.