Under subsection 71(2) [2] of the MRCA [3], if a person has been paid or is entitled to be paid PI (including interim) compensation and one or more of the accepted conditions deteriorates, additional compensation for PI may be paid if:
“Natural deterioration” means that a condition has become worse, not that it has been made worse (see Windeyer J in Federal Broom Co Pty Ltd v Semlitch (1964) [4] 110 CLR 639-640). In other words, it must be distinguished from aggravation, and includes a situation whereby a progressive condition increases in gravity by running its ordinary course.
Links
[1] https://clik.dva.gov.au/user/login?destination=comment/reply/19354%23comment-form
[2] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-mrca
[3] http://www.comlaw.gov.au/Series/C2004A01285
[4] http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/1964/34.html?stem=0&synonyms=0&query=semlitch%201964