The proper construction of s 22(8)(g) of the Return to Work Act 2014 (SA) and the interaction between Chapters 1.29 and 4.13 of the Impairment Assessment Guidelines, as it relates to deductions for pre-existing developmental conditions in whole person impairment assessments, is reasonably arguable and raises questions of general importance to the workers' compensation scheme. The substantive question — whether a pre-existing developmental condition (such as ankylosing spondylitis) that is not the result of trauma can be the subject of a deduction under s 22(8)(g) when Chapter 4.13 requires assessment to be based on trauma — remains to be determined on appeal.
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