A medical assessor's certificate under s 61(2)(a) of the Motor Accidents Compensation Act 1999 (NSW) certifying greater than 10% whole person impairment does no more than unlock the door to non-economic loss damages; a high percentage of impairment provides no guidance for assessing quantum of non-economic loss or economic loss. The statutory concept of 'impairment' is not to be equated with 'incapacity' relevant to economic loss claims. Where a trial judge finds a plaintiff blatantly dishonest but partially accepts the plaintiff's testimony, the judge must identify the degree of acceptance and the primary facts found or inferred.
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