In applications for leave to bring common law proceedings under s.135A(4)(b) of the Accident Compensation Act 1985 involving alleged aggravation of pre-existing degenerative conditions, the court must first determine whether any compensable injury was sustained before considering its impairment consequences. The Petkovski v Galletti approach of comparing impairment before and after the relevant injury need not be slavishly applied where the threshold question is whether any compensable injury occurred at all. The requirement in s.135A(2)(a) that employment be a significant contributing factor applies only to cases of injury 'due to the nature of employment' and not to cases where compensability is established under s.82.
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