The Court of Appeal upheld the trial judge's assessment of 43% whole person impairment under the AMA Guides (Second Edition), finding no error in the rejection of the appellant's arguments for a 45% or higher assessment. In obiter, the Court endorsed the view expressed in Coverdale v Transport Accident Commission (1999) 15 VAR 240 that the AMA Guides' provision allowing whole person impairment to be expressed to the nearest 5% is not appropriate to the function of the Tribunal under the Transport Accident Act 1986 legislative scheme.
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