The test under the transitional provisions in Schedule 6, Part 18C, clause 3 of the Workers Compensation Act 1987 (NSW) does not require the existence of a diagnosable psychiatric illness or pre-existing condition before 1 January 2002; it requires assessment of whether the impairment is 'due to something that occurred' before that date, which includes events that wore down a claimant's capacity to cope even if not disabling at the time. A trial court's failure to apply this distinct test, or to address unequivocal medical evidence of post-certification events contributing to disability, constitutes a constructive failure to exercise jurisdiction and an error in point of law. The broad proposition in Azzopardi that perverse or illogical findings of fact cannot raise points of law is qualified by the constructive failure to exercise jurisdiction doctrine.
The full text is available to signed-in members, including the 23 later cases that cite this judgment.
3 of the 23 citing cases carry a classified treatment. How each court treated it is available to signed-in members.