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ARTICLE · 29 JUNE 2018

Aggregation of permanent impairment – when is pathology considered the same or identical?

Bartier Perry Solicitors
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To combine permanent impairment from different injuries, the pathology from each injury must be the same or identical.

AustraliaEmployment and HR
Mick Franco
Mick Franco
Jessica Maiuolo
Jessica Maiuolo
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Permanent impairment resulting from separate injuries cannot be aggregated or combined to arrive at a higher whole person impairment (WPI), unless the pathology from each injury is identical.

A worker may seek to combine permanent impairment from different injuries to maximise the overall WPI to satisfy a threshold under the Workers Compensation Act 1987 for lump-sum compensation, medical expenses, weekly compensation beyond 5 years or work injury damages.

The law on aggregation has largely been settled since the decision of Department of Juvenile Justice and Edmed [2008] NSWWCCPD 6 ("Edmed"). This decision established that unless a worker suffers the same injury or pathology that is "identical" in each injurious event, the assessment of permanent impairment resulting from the separate injuries cannot be aggregated or combined.

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