Wright v NSW

[2024] NSWCA 77

NSW Court of Appeal

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Interrogate

Catchwords

1. Workers Compensation
2. › Medical assessment
3. › Degree of permanent impairment as a result of an injury
4. › Whether medical assessor exceeded statutory jurisdiction
5. › Estoppel arising from Certificate of Determination (consent orders)
6. › Whether consent orders precluded assessment of impairment from post-injury work-related aggravation
7. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 319, 321, 322, 325, 327, 328, 329
1. Workers Compensation
2. › Consent orders
3. › Construction of Certificate of Determination
4. › Ambit of estoppel arising from consent orders
5. › Whether estoppel limited to precluding separate compensable injury or extended to precluding any claim of aggravation
6. › Workers Compensation Act 1987 (NSW), ss 4, 9(1), 33, 60, 66
1. Workers Compensation
2. › Causation
3. › Whether principles of causation could override estoppel arising from consent orders
4. › Whether aggravation of injury after deemed date of injury could be attributed to original injury notwithstanding consent orders resolving claim for additional injury

Quick Take

Consent orders resolving claims for 'additional injury' by way of aggravation/exacerbation estop a claimant from relying on causation principles to attribute that same aggravation to the original injury in subsequent permanent impairment assessments.