Where a solicitor's negligence deprives a client of the opportunity to pursue a common law claim for work-related injury, the proper calculation of damages requires application of the correct deduction provisions under ss 151A and 151B of the Workers Compensation Act 1987 (NSW). Where the threshold for economic loss damages under s 151H is not met, weekly compensation payments are not required to be deducted from the non-economic loss award. The hypothetical common law damages must be discounted by the assessed percentage prospects of success before deducting the lump sum compensation award.
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