Section 4.8 — Motor Accident Injuries Act 2017 (NSW)

If there is a dispute about the degree of impairment of an injured person’s earning capacity, the degree of that impairment may be referred for assessment by a medical assessor under Division 7.5 before damages are awarded.
Note. Section 7.20 (Medical assessment procedures) authorises a court, the Commission or party to a dispute, to refer the dispute about the degree of impairment to the Commission for assessment by a medical assessor. The assessment of the medical assessor is prima facie evidence in proceedings before a court or the Commission—see section 7.23 (Status of medical assessments).

Related sections

• s 4.5 — Limits on economic loss
• s 4.6 — Maximum for loss of earnings etc
• s 4.7 — Future economic loss—claimant’s prospects and adjustments
• s 4.9 — Damages for future economic loss—discount rate
• s 4.10 — Economic loss reduction
• s 4.11 — No damages for non-economic loss unless permanent impairment greater than impairment threshold

Research how courts apply s 4.8

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