Comcare v Van Grinsven [2002] FCAFC 87; [2002] FCA 371

Comcare v Van Grinsven [2002] FCAFC 87; [2002] FCA 371

For Table 9.5 purposes the respondent's two knee injuries gave rise to one functional impairment, namely that he could rise to a standing position and walk but had difficulty with grades, steps and distances. Table 9.5 does not permit separate 20% ratings for each lower limb to be combined under Table 14.1; the correct whole person impairment assessment was a single 20% rating. Comcare v Campbell [1999] FCA 1367 was wrongly decided insofar as it allowed such combination under Table 9.5.

Jurisdiction
Australia
Judgment Date
03 April 2002
Procedural Posture
Appeal From Administrative Appeals Tribunal Review of a Permanent Impairment Compensation Determination / Full Court Judgment
Outcome
Appeal allowed; Administrative Appeals Tribunal decision set aside; Comcare's decision affirmed.
Legal Topics
['permanent Impairment Assessment' 'whole Person Impairment' 'lower Limb Injuries' 'construction of Approved Guide' 'combined Impairment Ratings']
['workers Compensation' 'administrative Law'] ['permanent Impairment Assessment' 'whole Person Impairment' 'lower Limb Injuries' 'construction of Approved Guide' 'combined Impairment Ratings']

Case Brief

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Procedural Posture

Appeal From Administrative Appeals Tribunal Review of a Permanent Impairment Compensation Determination / Full Court Judgment

Legal Issues

  1. 1 ['Whether Table 9.5 of the approved Guide requires a single impairment rating where separate injuries to each lower limb give rise to the same level of impairment, or permits separate ratings for each lower limb to be combined.' 'Whether the Administrative Appeals Tribunal was correct to apply Comcare v Campbell [1999] FCA 1367 and combine two 20% ratings under Table 14.1.']

Ratio Decidendi

For Table 9.5 purposes the respondent's two knee injuries gave rise to one functional impairment, namely that he could rise to a standing position and walk but had difficulty with grades, steps and distances. Table 9.5 does not permit separate 20% ratings for each lower limb to be combined under Table 14.1; the correct whole person impairment assessment was a single 20% rating. Comcare v Campbell [1999] FCA 1367 was wrongly decided insofar as it allowed such combination under Table 9.5.

Court Disposition

Appeal allowed; Administrative Appeals Tribunal decision set aside; Comcare's decision affirmed.

Orders

  • ['The appeal be allowed.' "The decision of the Administrative Appeals Tribunal be set aside and in lieu thereof, the appellant's decision be affirmed." 'There be no order as to the costs of the appeal.']