An employer claiming indemnity under s 151Z(1)(d) of the Workers Compensation Act 1987 (NSW) from a tortfeasor is not required to comply with the medical assessment machinery in Part 3.4 of the Motor Accidents Compensation Act 1999 (NSW), and non-economic loss may be included in the assessment of the tortfeasor's liability to pay damages without such assessment. The MACA procedural machinery applies only to claims by claimants against insurers as defined in that Act. Section 131 of MACA (the 10% impairment threshold) is substantive and limits the tortfeasor's liability, but s 132(1) (requiring medical assessment) is procedural and has no application outside proceedings for an award of damages to a claimant.
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