1Documents relating to a worker's intention to retire or continue working beyond preservation age are discoverable in workers' compensation proceedings where weekly payment calculations under s 69(8)-(12) of the Workers Rehabilitation and Compensation Act 1988 are in issue, as they may rationally affect the assessment of what the worker would have earned during the period of incapacity.
2A discovery category framed by reference to a party's intention regarding a particular factual matter (here, intention to work beyond a certain date) is sufficiently certain and does not constitute impermissible fishing, particularly where medical records suggest the worker contemplated retirement.
3The question whether pension payments from a defined benefit scheme would alter the calculation of a worker's earnings under s 69(9)(b) and (c) was expressly left open.
