A frank injury that satisfies paragraph (a) of the definition of injury in s 4 of the Workers Compensation Act 1987 does not fall within s 16 merely because it also aggravated a pre-existing disease; accordingly, s 16 does not exclude the right to claim apportionment or contribution under s 22. Colliar v Bulley is not to be followed on this point. A prior consent award for permanent impairment does not create an issue estoppel preventing a later court from assessing the same level of impairment notwithstanding further injuries, because issue estoppel does not apply to a changing situation.
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