The phrase 'further material deterioration in the person's medical condition' in s 151A(5) of the Workers' Compensation Act 1987 (NSW) encompasses all deterioration derived from the original injury, including consequences at sites remote from the original injury such as reflex sympathetic dystrophy and compensatory overuse injuries. A restrictive interpretation confining the phrase to the site of the original injury was rejected. For s 151D applications, continued employment with the employer, receipt of statutory payments, hope of commutation, and ongoing deterioration of condition may together constitute an adequate explanation for lengthy delay, and presumptive prejudice alone will not necessarily defeat an application for leave.
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