Fellowes v Military Rehabilitation and Compensation Commission

Workers' compensation – Injury resulting in permanent impairment - Under s 24 of Safety, Rehabilitation and Compensation Act 1988 (Cth), where "an injury to an employee results in a permanent impairment", respondent liable to pay compensation "in respect of the injury" - Amount of compensation fixed by degree of permanent impairment resulting from injury as assessed under Guide to the Assessment of the Degree of Permanent Impairment ("Guide") - Guide provides that "[w]here two or more injuries give rise to the same impairment a single rating only should be given" - Appellant previously compensated for injury to left knee resulting in permanent impairment - Whether appellant entitled to compensation for separate injury to right knee resulting in permanent impairment to same degree - Whether "degree of permanent impairment" refers to impairment of whole person or impairment to particular part of person's body.

Words and phrases – "degree of permanent impairment", "impairment", "injury", "permanent impairment", "resulting from".

Safety – Rehabilitation and Compensation Act 1988 (Cth), ss 4(1), 24, 28, 142, 147.

Guide to the Assessment of the Degree of Permanent Impairment – 1st ed (1989).