Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fellowes v Military Rehabilitation & Compensation Commission [2008] FCAFC 140
WORKERS' COMPENSATION – construction of provisions of Safety, Rehabilitation and Compensation Act 1988 (Cth) (Act) – employee suffering injury to left knee and on a later occasion an injury to her right knee – "Guide to the Assessment of the Degree of Permanent Impairment" (Guide) made under s 28 of the Act – whether employee entitled to compensation in respect of permanent impairment resulting from second injury. Held: she was not, because her degree of impairment was still only in the category "Can rise to a standing position and walk but has difficulty with grades and steps" signifying no change to her 10% whole body impairment for purposes of Act and Guide. Safety, Rehabilitation and Compensation Act 1988 (Cth) s 28
Comcare v Van Grinsven (2002) 117 FCR 169 followed Canute v Comcare (2006) 226 CLR 535 distinguished ROBYN CHRISTINE FELLOWES v MILITARY REHABILITATION AND COMPENSATION COMMISSION
QUD 330 OF 2007
FRENCH, MOORE AND LINDGREN JJ
4 AUGUST 2008
Sydney (heard in bRISBANe)
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 330 OF 2007
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY A PRESIDENTIAL MEMBER
BETWEEN: ROBYN CHRISTINE FELLOWES
Applicant
AND: MILITARY REHABILITATION AND COMPENSATION COMMISSION
Respondent
JUDGES: FRENCH, MOORE AND LINDGREN JJ DATE OF ORDER: 4 AUGUST 2008
WHERE MADE: SYDNEY (HEARD IN BRISBANE)
THE COURT ORDERS THAT:
1. The appeal brought by the application be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 330 OF 2007
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