DECISION FOR SRCA AT HIGH COURT
Friday, 13 November 2009
Released on behalf of the National President - Injured Service Persons Association
As many will know & for the benefit of those who don’t know, there has been a case recently by Slater & Gordon in which the High Court decision was that there be a difference in assessment for left & right medical condition of the knees IF it affects mobility i.e. “difficulty with Grades, Steps and Distance” which equals a 20% assessment and lump sum payment under table 9.5 of the Comcare Permanent Impairment Guide (SRCA).
There would be many people who have made claims over the years in which Table 9.5 was used and received reduced compensation payments because of the one payment for the two injuries. If you know someone who has made a claim previously or are one of those who are affected then you need them or yourself to be seeking a re-assessment of the condition and ask for a new decision.
The other thing you could do is submit your original decision asking that it be set aside and amended appropriately taking into account the Fellowes v MRCC (2009) HCA 38 (23 September 2009) decision of the High Court.
This means you get two separate payments i.e. 20% for EACH knee plus pain and suffering.
Given that Comcare has been conducting a review of the Permanent Impairment Guide, they may make amendments to reduce the payments of any reassessments in the future by making claims under any revised PIG retrospective.
ESO representatives should inform their pension claims officers. Not to do so is neglecting the ex-service people we try to assist.
Injured Service Persons Association