Under s.82(1) of the Accident Compensation Act 1985 (Vic), where injury is said to result from an act or omission of the employer, the worker need only show that the employer's act was a cause of the injury, not the sole or dominant cause. The 'special exposure' requirement from Brooker v Thomas Borthwick is confined to factually exceptional cases (e.g. lightning strikes) and has no application to the general run of claims. The employer must take the worker as found, and the worker's psychological vulnerability does not negate causation. The 'significant contributing factor' test should not be treated as a proxy for the 'arising out of' test.
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