Under s 151A(5)(c) of the Workers Compensation Act 1987, the word 'would' imports the language of probability, not mere possibility. A worker seeking leave to revoke an election for permanent loss compensation satisfies the condition where the medical evidence at the time of election indicated only a possibility (not a probability) of the further deterioration that in fact occurred. The test is whether a reasonable person knowing what was known or ought to have been known to the worker would have expected the further deterioration as something more probable than not. The question of whether the statutory preconditions are satisfied is not an exercise of discretion subject to House v The King principles; rather, where the finding below was based on documentary evidence without oral testimony, Warren v Coombes applies.
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