Under s.135AC(b) of the Accident Compensation Act 1985 (Vic), the burden lies on the worker to prove that the application for a determination was made within three years of the date the incapacity became known. 'Knowledge' of incapacity means actual subjective knowledge of serious long-term impairment, not mere suspicion or awareness of facts from which others might draw conclusions. A worker who continues in full-time employment and genuinely believes they can cope with their work may not have the requisite knowledge of incapacity, even if the serious nature of the incapacity would have been apparent to others.
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