A medical assessor or review panel under the Motor Accidents Compensation Act 1999 (NSW) must address the full statutory question of causation under s 58(1)(d), including indirect causation through consequential conditions such as gait derangement, and cannot confine its inquiry to contemporaneous evidence of complaint. Failure to address a claimant's substantial case on indirect causation constitutes jurisdictional error as a constructive failure to exercise jurisdiction. However, an expert panel's assessment of whether evidence constitutes proof of 'injury' (as distinct from evidence of symptoms) engages the panel's expertise and is not reviewable as a no-evidence error of law.
The full text is available to signed-in members, including the 49 later cases that cite this judgment.
7 of the 49 citing cases carry a classified treatment. How each court treated it is available to signed-in members.