A finding that a worker's injury would probably not have occurred but for the employment does not, either as a general proposition or on particular facts, necessitate a finding that the employment was a 'significant contributing factor' to the injury under s.82(1) of the Accident Compensation Act 1985 (Vic). To hold otherwise would elevate one factor in s.5(1B) — the probable development of the injury absent the employment — to a position of conclusiveness over all other listed factors. On appeal on a question of law only, it is a strong thing to hold that a magistrate was constrained to make an affirmative finding where the burden of proof lay on the claimant.
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