Where a worker suffers partial incapacity from a compensable workplace injury and subsequently suffers an independent, unrelated non-workplace injury to a different body part, the consequences of the non-compensable injury cannot be aggregated with the compensable injury to establish 'no current work capacity' under s 5(1) of the Accident Compensation Act 1985 (Vic). A nexus between the injuries — such as aggravation of a single underlying condition or impact on the same bodily part — is required before total incapacity can be said to 'arise from' the compensable injury. Medical panels must confine themselves to the incapacity flowing from the compensable injury alone when no such nexus exists.
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