Permanent impairment for psychological injuries is assessed using the Permanent Impairment Rating Scale (PIRS) found in the Guidelines for the Evaluation of Permanent Impairment.
The PIRS requires an assessor to consider six scales relating to the worker's functioning (including activities of daily living, employability and concentration, persistence and pace) and then place the worker in a class from 1 (no deficit or minor deficit attributable to the normal variation in the general population) to 5 (totally impaired) for each scale.
In Porpiglia v Health Care Australia Pty Ltd [2024] NSWPICMP 562 (12 August 2024) we successfully appealed a decision of a Medical Assessor who had determined a class 1 impairment in the travel scale because the worker had travelled overseas alone to visit her terminally ill mother.
The result of the original assessment placed the worker below the threshold (15% WPI) required to receive compensation for permanent impairment.
In our appeal we relied on the worker's evidence she would only travel to her local shops and medical appointments unaccompanied, she would not generally travel outside her local area without a support person and had required assistance from her psychologist to make the travel arrangements. The worker had a support person accompany her to and from the airport at both ends of her journey. We alleged these other factors were inconsistent with a class 1 rating of no or minor deficit.
The decision
The Medical Appeal Panel revoked the original Medical Assessment Certificate and substituted their own assessment of 15% whole person impairment after finding a class 2 rating for the travel scale.
The Appeal Panel noted:
"The reasons for the difference were the appellant’s reliance on support people and her capacity to use cognitive behavioural skills to manage her fear of flying and avoidance of non-essential travel. This is in keeping with a mild impairment, Class 2 and not a minor impairment Class 1. In a minor impairment, Class 1 the appellant would not have required any assistance at any stage of her journey. Similarly, her travel in Australia would not require any assistance."
Key takeaway
Assessors need to weigh up all the evidence to determine the appropriate class within the PIRS. In this case it was relevant that the worker was compelled to travel due to her mother's ill health and the same result may not apply to a worker who simply elects to travel unaccompanied.
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