In our previous article we referred to a recent decision of the NSW Court of Appeal which bars an injured worker who received a lump sum payment for permanent impairment prior to June 2012 from making a further claim for a lump sum payment if the worker’s condition has deteriorated, such as by way of surgery or the development of arthritis caused by the initial injury.

On 26 October 2015 the Minister for Better Regulation and Innovation, Victor Dominello, issued a media release stating that the NSW Government will now make a new regulation to allow those workers who had made a claim for permanent impairment before 19 June 2012 to make one further claim if their condition deteriorates.

Mr Dominello stated in that media release “The Government has acted to clarify the law, providing certainty for injured workers whose claims are affected by the Cram Fluid decision … There is no time limitation for making the claim or restriction on minimum increase in a claimant’s level of permanent impairment”.

It is expected that this new regulation will commence sometime this month.

Adams & Partners Lawyers recommends that any person who received a lump sum payment for permanent impairment prior to 19 June 2012 and considers that the effects of their injury has caused their condition to deteriorate to contact this firm.

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