Workers compensation case note
Cunningham v Kurri Kurri Community Services [2026] NSWPICMP 224: pre-existing deductions in psychiatric WPI appeals
This appeal matters if your psychiatric WPI result was reduced because of an alleged pre-existing condition. The Appeal Panel found demonstrable error in how the deduction was applied and revoked the certificate.
General information only. This case note is not legal advice.
What happened?
In Cunningham v Kurri Kurri Community Services Ltd [2026] NSWPICMP 224, the worker appealed a psychiatric whole person impairment assessment. The appeal argued the Medical Assessor used incorrect criteria and made demonstrable error, including a section 323 deduction tied to a pre-existing condition.
Why the case matters
Workers often lose real value when deductions are applied without a clear legal and medical basis. This case confirms that a deduction can be overturned where the reasoning is wrong, and that psychiatric WPI outcomes are not untouchable just because a certificate was issued.
What the Appeal Panel focused on
- Whether the assessment used the correct criteria.
- Whether there was demonstrable error in the deduction approach under section 323 of the 1998 Act.
- Whether the deduction was properly justified, rather than applied as a broad assumption.
- Outcome: the Medical Assessment Certificate (MAC) was revoked.
Plain-English takeaway
If your psychiatric WPI result includes a pre-existing deduction that does not seem properly explained, do not assume it is final. Get the report reviewed quickly and map an appeal strategy to the exact error, not just the percentage outcome.
Frequently asked questions
Does this decision automatically increase anyone's WPI?
No. It is not automatic. It shows that an incorrect deduction method can be successfully challenged.
What should I collect before asking for advice on a psychiatric WPI appeal?
Keep the MAC and reasons, treating psychiatrist/psychologist records, prior mental health history records (if any), and a timeline showing functional change before and after injury.
Full decision source
Read the decision on AustLII: Cunningham v Kurri Kurri Community Services Ltd [2026] NSWPICMP 224.
Related pages
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