The word 'significant' in paragraphs (c) and (d) of the definition of 'disability' in s 5(1) of the Workers' Compensation and Injury Management Act 1981 (WA) means 'not insignificant' or 'material', equating to the standard of material contribution in tort law. Non-compliance with s 64 and s 84I bars the remedy (right to take proceedings) but does not retrospectively extinguish the employer's liability to pay compensation that was already payable, meaning compensation remains 'payable' for the purposes of s 93B(1)(b). A worker who proves a common law tort claim for workplace injury will necessarily prove a 'disability' under the Act, triggering the constraint provisions.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
3 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.