A recent NSW Court of Appeal decision, JTE Enterprises Pty Ltd t/as Mount Gibraltar Preschool v Brown 2026 NSWCA 210, highlights how technical and important, permanent impairment disputes can be in NSW workers compensation claims.

A childcare worker injured at work disagreed with her employer about the extent of her permanent impairment. Two medical specialists assessed her whole person impairment at 43% and 25%, while an independent Medical Assessor assessed it at 31%. The employer then appealed, arguing that the Medical Assessor and Appeal Panel had considered matters outside the medical dispute properly referred to them.

An impairment assessment can directly affect a worker’s entitlement to lump sum compensation. These decisions must follow strict legislation, guidelines and medical criteria, and they can only be appealed on limited grounds, generally within 28 days of the Medical Assessment Certificate being issued.

The case shows why the precise wording of claim documents, replies, medical reports and referral material matters. Even a small drafting issue can affect whether an injury or body part can properly be considered in an impairment assessment or appeal.

Don Cameron & Associates has particular expertise in impairment and medical assessment disputes. We assist injured workers to understand whether an assessment is fair and legally sound, identify errors, prepare appeals, and respond to insurer challenges.

With more than 40 years’ experience acting for injured workers, our team provides clear, practical advice on permanent impairment claims, medical treatment disputes and work injury damages claims.

If you have received a Medical Assessment Certificate and believe it is wrong, seek advice promptly. Appeals are subject to strict time limits and limited legal grounds.