Nicholson and Comcare (Compensation)

This matter concerned an appeal by Mr Nicholson against a decision of the Administrative Appeals Tribunal (AAT) which affirmed a determination by the Safety, Rehabilitation and Compensation Commission (Comcare) that Mr Nicholson was not entitled to further compensation for a permanent impairment of his left knee. The dispute centred on whether there had been a subsequent increase in the degree of impairment of his left knee by at least 10%.

The AAT was required to determine whether the medical evidence presented established that Mr Nicholson's permanent impairment of his left knee had increased by 10% or more since the last determination of his compensation entitlement. This involved assessing conflicting medical opinions regarding the extent of ankylosis and functional loss in the knee.

The Senior Member of the AAT found that the medical evidence did not demonstrate a sufficient increase in the degree of impairment. While acknowledging the presence of some ankylosis, the AAT concluded that the evidence did not meet the threshold for a further compensation claim under the relevant legislation. The AAT affirmed Comcare's decision.