ISUZU GENERAL MOTORS AUSTRALIA LTD and Another v JORDON

2 VR 212·Brooking, Phillips and Chernov JJA
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2 VR 212
ISUZU GENERAL MOTORS AUSTRALIA LTD and Another v JORDON SUPREME COURT OF VICTORIA Brooking, Phillips and Chernov JJA 20, 21 March, 11 May 2000 [2000] VSCA 0063 Accident compensation — Workers compensation — County Court — Medical panel — Reference of medical question to medical panel — Request for referral by a party — Refusal of party's request for referral — Definition of “medical question” — Definition of “injury” — Whether injury could be subject of a “medical question” when it was no longer an “injury” under the legislation — Aggravation injury — Injury in primary sense — Poorly worded question — Table of maims — Assessment of level of impairment — Evidence — Admissibility — Medical report obtained during trial — Accident Compensation Act 1985 (No 10191) ss 5, 45, 67, 98, 104..

Section 82 of the Accident Compensation Act 1985 was amended with effect from 1 December 1992 so that entitlement to compensation for employment-related injury arose only if the worker's employment was a “significant contributing factor” to the injury. Paragraph (a) of the definition of “injury” in s 5 of the Act was also amended from that date so that an aggravation of an injury came within the definition of “injury” if the employment was a “significant contributing factor”. Previously the criterion in para (c) had been only that the employment was a “contributing factor”.

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2 VR 212

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