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

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

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation.

* All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series.

* All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

Comcare v Van Grinsven [2002] FCA 371

COMPENSATION ‑ Separate injuries to left and right knees ‑ Permanent impairment in each case ‑ Assessment ‑ Degree of impairment ‑ Whether assessed in relation to each knee and values then combined or whether assessed in relation to both injuries together ‑ Assessment where both injuries result in same impairment ‑ Whether same impairment.

Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 24, 28 Guide to the Assessment of the Degree of Permanent Impairment, Tables 9.2, 9.5, 14.1 Comcare v Campbell [1999] FCA 1367 considered COMCARE v ENRICO VAN GRINSVEN Q 216 OF 2001 BEAUMONT, FINN and SUNDBERG JJ 3 APRIL 2002 SYDNEY (HEARD IN BRISBANE)

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 216 OF 2001

BETWEEN: COMCARE

APPELLANT

AND: ENRICO VAN GRINSVEN

RESPONDENT

JUDGES: BEAUMONT, FINN and SUNDBERG JJ

DATE OF ORDER: 3 APRIL 2002

WHERE MADE: SYDNEY (HEARD IN BRISBANE)

THE COURT ORDERS THAT:

1. The appeal be allowed.