ARTICLE · 14 DECEMBER 2009

Worker's Compensation: Hello Fellowes, goodbye Van Grinsven

DLA Piper Australia

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In Fellowes v Military Rehabilitation & Compensation Commission [2009] HCA 38, the High Court overturned the decisions of the Full Federal Court and the AAT to allow a claim for compensation for a second injury which effectively gave rise to the same level of permanent impairment as an injury for which the claimant had already received compensation.

AustraliaEmployment and HR

Emma Crosby

James McIntyre

In Fellowes v Military Rehabilitation & Compensation Commission [2009] HCA 38, the High Court overturned the decisions of the Full Federal Court and the Administrative Appeals Tribunal (AAT) to allow a claim for compensation for a second injury which effectively gave rise to the same level of permanent impairment as an injury for which the claimant had already received compensation.

Background

In 1986, Ms Fellowes suffered an injury to her left knee. In 1987, she suffered a separate injury to her right knee.

Ms Fellowes lodged a claim for compensation under the Safety, Rehabilitation & Compensation Act 1988 (SRC Act) for her left and right knee conditions, including claims for permanent impairment in respect of each injury.

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