For the purpose of calculating damages under s 151Z(2)(c) of the Workers' Compensation Act 1987 (NSW), the court must make a notional calculation of damages under sub-section (d) as if the whole of the damages were assessed in accordance with Division 3, even where the worker has made an election under s 151A(3) that would preclude actual recovery from the employer. A worker's deliberate act of jumping from a height in the course of employment may be characterised as momentary inattention rather than contributory negligence where the act was ancillary to the principal task, there was no safe alternative readily available, and there were time pressures.
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