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Judgment date
Case number
S46/2000
Before
Gleeson CJ, McHugh, Kirby, Hayne, Callinan JJ
Catchwords
Workers' Compensation – Election between permanent loss compensation and damages - Where worker seeks to revoke election to claim permanent loss compensation and to commence proceedings for recovery of damages - Where s 151A(5) of the Workers Compensation Act 1987 (NSW) limits the availability of revocation of such election - Whether par (c) of s 151A(5) is satisfied if, at the time of the election, a reasonable person in the position of the injured person would have no cause to believe that further deterioration of the condition would probably occur.
Statutes – Interpretation - s 151A(5)(c) of Workers Compensation Act 1987 (NSW) - meaning of "no reasonable cause to believe".
Words and phrases – "believe" - "would".
Workers Compensation Act 1987 (NSW) s 151A.