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Injury, pre-1 January 2002

Riverina Wines PL v Registrar WCC & Ors [2007] NSWCA 149. Campbell JA, Hodgson JA agreeing, Handley AJA partial dissent. 25.06.07

Campbell JA detailed the statute, noting 1987 Act Sch 6 Pt 18C clause 3 transitional provision saving Table of Disabilities assessment for injuries before 01.01.02; clause 4 authorising WCReg 2003 cl 223 which precludes s 322 Guidelines and s323 10% preexisting deduction; and clause 5 authorising WCReg 2003 cl 224 generally categorizing uncommenced claims as 'new claims' and applying WIM Chap 7 Pt 7 sections 319-331.

His Honour said: "The ground for appeal stated in s327(3)(a) is 'deterioration of the worker's condition that results in an increase in the degree of permanent impairment'. It is to be noted that, unlike some other provisions of Part 7 of Chapter 7 WIM Act, it does not use the phrase 'permanent impairment of the worker'.

"Thus, in the case of a pre-1 January 2002 injury, where there is a dispute concerning the existence or extent of loss of use, or of the efficient use, of a particular body part, it is capable of applying, without any need to be modified mutatis mutandis, to a situation where an appeal is sought on the ground that there has been a deterioration of the worker's condition that results in an increase in the degree of permanent loss of use, or of the efficient use, of that body part. All active parties to the appeal proceeded on the basis that section 327(3)(a) should be construed that way." [63]

 

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