Civil Liability Regulations 2013
Div 12Knee injuries
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Division 12—Knee injuries
General comment for items 132 to 135 The availability of remedies, for example, a total knee replacement is an important factor in assessing an ISV under this Division.
Extreme knee injury
A severe knee injury if there is a disruption of the joint, gross ligamentous damage, loss of function after unsuccessful surgery, lengthy treatment and considerable pain
• An ISV at or near the bottom of the range will be appropriate if there is whole person impairment for the injury of 20%
• An ISV at or near the top of the range will be appropriate if a total knee replacement was needed and—
(a) it is very likely that the knee replacement will need to be repeated; or
(b) there are ongoing severe symptoms, poor function and whole person impairment for the injury of more than 30%.
Serious knee injury
The injury may involve— (a) ongoing pain, discomfort, limitation of movement, instability or deformity; and (b) a risk, in the long‑term, of degenerative changes caused by damage to the joint surfaces, muscular wasting or ligamentous or meniscal injury.
A leg fracture extending into the knee joint, causing pain that is constant, permanent and limits movement or impairs agility
An ISV at or near the middle of the range will be appropriate if there is a ligamentous injury, that required surgery and prolonged rehabilitation, causing whole person impairment of 15% and functional limitation.
Moderate knee injury
A dislocation or torn cartilage or meniscus causing ongoing minor instability, wasting and weakness
An ISV at or near the top of the range will be appropriate if there is whole person impairment for the injury of 8%
Minor knee injury
• A partial cartilage, meniscal or ligamentous tear, that recovers with or without surgery
• A laceration
• A twisting or bruising injury