Where a worker obtains leave under s 134AB(16)(b) of the Accident Compensation Act 1985 (Vic), the finding that the injury is a 'serious injury' gives rise to an issue estoppel in subsequent common law damages proceedings, precluding the defendant from denying that the worker suffered a permanent severe mental or behavioural disturbance or disorder as at the date of the leave hearing. Where a medical panel opinion under s 104B(9) assesses impairment at 30 per cent or more, the deeming effect under s 134AB(15) operates through s 68(4) to preclude the defendant from challenging serious injury at trial. The estoppel does not extend to causation, and the defendant remains free to lead evidence of change in the worker's condition after the relevant date.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.