Table 13.1 - Intermittent Conditions
Table 13.1 of the Approved Guide is in the following form:
For use in the assessment of disorders of the Haemopoetic System such as anaemia, polycythaemia, leucocyte and platelet disorders and intermittent disorders such as asthma, migraine, tension headache, epilepsy etc.
Principles:Determine the frequency, duration and severity of attacks with reference to the degree of interference with activities of daily living.
|
% WPI |
DESCRIPTION OF LEVEL OF IMPAIRMENT |
|
0 |
Attacks may be of any frequency BUT do not interfere with activities of daily living OR are readily reversed by appropriate medication or treatment |
|
10 |
Attacks occur 12 or more times a year AND cause minor interference with activities of daily living OR |
|
10 |
Attacks occur less frequently AND cause interference with all activities of daily living other than self care |
|
20 |
Attacks occur up to 25 percent of the time AND cause significant interference with most activities of daily living other than self care |
|
30 |
Attacks occur up to 30 percent of the time AND cause significant interference with most activities of daily living other than self care |
|
40 |
Attacks occupy up to 40 percent of the time AND cause significant interference with most activities of daily living other than self care |
|
50 |
Attacks occupy up to 50 percent of the time AND cause significant interference with most activities of daily living other than self care |
|
60 |
Attacks occupy up to 60 percent of the time AND cause significant interference with most activities of daily living other than self care |
|
70 |
Attacks occupy up to 70 percent of the time AND cause significant interference with most activities of daily living other than self care |
|
75- |
Attacks occupy 75 to 100 percent of the time AND needs assistance with most or all activities of daily living including self care (confinement to residence is necessary at impairment levels of more than 80 percent) |
All attacks to be considered in assessment of severity
The Full Federal Court in McKenna v Repatriation Commission (1995) examined the Table covering intermittent conditions in the Guide to the Assessment of Rates of Veterans' Pensions (GARP) published by the Department of Veterans Affairs. The GARP Table is dissimilar to the equivalent Table under the 1988 Act because the GARP Table requires a three stage assessment involving, sequentially, severity, duration and frequency, while Table 13.1 in the Approved Guide combines all three elements into the one Table. Nevertheless it can be discerned from the Federal Court decision that all attacks must be considered in making the assessment of frequency, not just those of the relevant degree of severity.
The Glossary in the Approved Guide defines “Activities of Daily Living” in the following terms:
Activities of daily living are activities which an individual needs to perform to function in a non-specific environment ie: to live. The measure of activities of daily living is a measure of primary biological and psychosocial function. They are:
Ability to receive and respond to incoming stimuli
Standing
Moving
Feeding (includes eating but not the preparation of food)
Control of bladder and bowel
Self care (bathing, dressing etc)
Sexual function
In Re O'Rourke and Comcare (1997), the Administrative Appeal Tribunal considered the impact of severe headaches on the Activities of Daily Living (ADL) as required in Table 13.1, concluding that only the 7 listed activities could be considered:
46.In relation to the correct or preferable interpretation of Table 13.1 and, in particular, the ADL as described in the Glossary, the Tribunal finds that this list is an exclusive list that prescribes the only ADL that are to be taken into account when assessing permanent impairment. The Tribunal is mindful that impairment is described in the Glossary of the Guide as “the loss, the loss of the use, or the damage or malfunction, of any bodily system or function or part of such system or function” and that the Glossary definition of ADL states that they are a “measure of primary biological and psychosocial function”.
Whether there is an interference with ADL, and the extent of that interference, is a matter of fact and judgment in the individual case; see the decision in Re O'Rourke where the Tribunal said:
51.The Tribunal's considered view is that when assessing whether the relevant attacks cause minor interference with activities of daily living, one must take a global approach. The circumstances of a given case may be such that one ADL is so affected, both biologically and psychosocially, as to fall to be described as “minor interference with activities of daily living”. In another case however, where there is a low level of, say psychosocial, interference with several ADL, that could similarly fall to be described as “minor interference with activities of daily living”. It is highly unlikely, when taking a global approach to this assessment, that a small infraction of one ADL could properly be described as “minor interference with activities of daily living”.