Threshold Must Not Stand. It will abolish common law in NSW, by excluding everyone from common law damages. This will effectively destroy the system that has been protecting injured workers' rights in NSW since 1926. The AMA Guides should not be used as the basis for measuring impairment in any compensation scheme.
Most injuries are ongoing.
None of these medical assessors need be medically qualified. No definition of the phrase has been provided. The only grounds on which the Court will reject a medical assessment certificate in a damages claim is for a denial of procedural fairness where it has caused a substantial injustice to a party. The Australian Association of Surgeons.