Pangratis and Comcare (Compensation)

This matter concerned an appeal by Mr. Pangratis against a decision by Comcare regarding the assessment of his permanent impairment. The dispute centred on the appropriate method for quantifying the degree of Mr. Pangratis's permanent impairment for the purposes of compensation. The decision was made by Miss E A Shanahan, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine which table, or set of tables, should be used to assess the applicant's degree of permanent impairment. Specifically, the Tribunal had to consider whether Table 9.14 of the Comcare Guide to Assessment of the Degree of Permanent Impairment Edition 2.1 was the correct instrument, or if the American Medical Association Tables for Permanent Impairment Edition No 5 should be applied instead.

The Tribunal found that Table 9.14 of the Comcare Guide was not appropriate for assessing the applicant's permanent impairment. The reasoning for this conclusion was not detailed in the provided text, but it was determined that further medical opinion was required to ascertain the correct assessment method. The Tribunal indicated that the appropriate table, or the alternative AMA Tables, could only be determined after obtaining this further medical evidence.

Consequently, the Tribunal ordered that Table 9.14 of the Guide to Assessment of the Degree of Permanent Impairment Edition 2.1 is not to be used to assess the Applicant’s degree of permanent impairment. The determination of the appropriate assessment method, whether by reference to the Comcare Guide or the AMA Tables, was deferred pending the acquisition of further medical opinion.