100% Deduction under Section 323 Incorrect

In Csanki v Liquorland Australia Pty Limited [2015] NSW WCC MA 10 a Medical Appeal Panel disagreed with an Approved Medical Specialist’s approach to Section 323 of the 1998 Act.  The Approved Medical Specialist found 25% impairment of the back, 20% impairment of the neck and 10% loss of use of the left leg at or above the knee but he then deducted 100% pursuant to Section 323 on the basis of the worker’s pre-existing condition in the form of progressive degenerative changes.  The Approved Medical Specialist issued a Certificate in respect of an assessment of 0% Whole Person Impairment.

The Panel decided that the Approved Medical Specialist’s approach was incorrect, and that instead of making findings in relation to the degree of permanent impairment and then deducting 100% for pre-existing factors etc, the correct approach was simply to find that there was 0% impairment as a result of the referred injury.