The existence of credible medical evidence suggesting possible deterioration does not automatically defeat an application to revoke an election under s 151A(5)(c) of the Workers Compensation Act 1987; the court must assess the totality of the evidence to determine whether there was no reasonable cause to believe the further deterioration would occur. Where a trial judge has applied an erroneous legal test subsequently corrected by a higher court, and both parties jointly request the appellate court to determine the matter afresh, the appellate court may hear the matter de novo on the existing evidence without the usual constraints on appellate intervention.
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