The commencement of a new treatment regime shortly before trial does not preclude a finding that a worker's condition is 'permanent' within the meaning of s 134AB(37)(c) of the Accident Compensation Act 1985 (Vic). The trial judge must evaluate the whole of the medical evidence, including the likely efficacy of the new treatment, and where the overwhelming medical evidence indicates a poor prognosis notwithstanding the new treatment, permanence may be established. Where leave to bring proceedings is granted, it extends to both pecuniary loss and pain and suffering damages where the consequences are shown to be severe with respect to earning capacity.
The full text is available to signed-in members, including the 17 later cases that cite this judgment.
1 of the 17 citing cases carry a classified treatment. How each court treated it is available to signed-in members.