The assessment of non-economic loss under s 151G(2) of the Workers Compensation Act 1987 (NSW) is an evaluative judgment that can only be overturned on appeal by demonstrating error of principle or that the conclusion was manifestly too low. Where medical reports are tendered without oral evidence or cross-examination, the factual assumptions underlying expert opinions must be assessed against the trial judge's findings, not the plaintiff's version of events.
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