Brain damage sustained by a worker is 'permanent' for the purposes of s 66 of the Workers Compensation Act 1987 (NSW) if it was not temporary and was highly probable to remain with the worker for the remainder of his or her life, regardless of how short that remaining life was. The term 'permanent' does not require the worker to survive the injury or to survive for any significant period. Section 33 of the Human Tissue Act 1983 (NSW) does not preclude an award of 100% brain damage compensation. The Compensation Court decisions in Hillier v Gosford City Council and Bourke v State Rail Authority, which held that permanency was not satisfied where death was inevitable within a short time-frame, should not be followed.
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