Under the 1998 version of s151A of the Workers Compensation Act 1987 (NSW), 'injury' is construed holistically: an award of permanent loss compensation for any item of injury from a workplace incident constitutes an election covering all injuries from that incident, precluding common law damages for other injuries sustained in the same event. A second interlocutory application raising an entirely new legal ground not previously argued is not automatically an abuse of process, even where the first application was dismissed.
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