Heiderich and Military Rehabilitation and Compensation Commission (Compensation)

This matter concerned an application by Mr Peter Heiderich for review of a decision by the Military Rehabilitation and Compensation Commission regarding the quantum of compensation payable for a permanent impairment. The dispute centred on whether the veteran's accepted condition, distal sigmoid colon adenocarcinoma, resulted in an impairment, and if so, the extent of that impairment according to the relevant tables in the Guide to the Assessment of the Degree of Permanent Impairment. The Administrative Appeals Tribunal (AAT) was required to determine the level of whole person impairment and the appropriate compensation.

The primary legal issues before the Tribunal were whether the veteran's accepted condition had resulted in a permanent impairment, and if so, to what degree. This involved assessing conflicting medical opinions, particularly concerning the cause of the veteran's ongoing diarrhoea – whether it stemmed from his accepted condition or a pre-existing Irritable Bowel Syndrome (IBS). The Tribunal also had to consider the application of Tables 8.1 and 13.2 of the Guide to the Assessment of the Degree of Permanent Impairment in determining the whole person impairment value.

The Tribunal considered the concurrent evidence of two medical experts, Dr Mar Fan for the veteran and Dr Norrie for the Respondent. While the concurrent evidence procedure did not lead to a narrowing of issues or significant concessions between the experts, it assisted the Tribunal in weighing their opinions against the other evidence presented. Dr Norrie opined that the veteran's diarrhoea was most likely due to a pre-existing IBS. However, the Tribunal ultimately found that the accepted condition had resulted in a permanent impairment. The Tribunal determined that pursuant to Table 8.2 of the Guide, the veteran had a Whole Person Impairment value of 20%.

The Tribunal set aside the decision under review and substituted its own decision. It found that Mr Heiderich had an accepted condition resulting in permanent impairment with a Whole Person Impairment value of 20%. The matter was remitted to the Respondent with a direction to calculate the quantum of compensation payable for non-economic loss pursuant to section 27 of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (Cth).