In serious injury applications under s 134AB(16)(b) of the Accident Compensation Act 1985 (Vic), the court must identify and exclude from consideration any pain and suffering consequences attributable to chronic pain syndrome, functional overlay, exaggeration of symptoms, or any other psychological response to the physical injury. The 'dominant cause' approach from Richards v Wylie has no application. Where the court cannot disentangle the physical from the psychological, the application must ordinarily be refused. Medical experts should be asked to quantify the respective contributions of organic and non-organic causes.
The full text is available to signed-in members, including the 41 later cases that cite this judgment.
6 of the 41 citing cases carry a classified treatment. How each court treated it is available to signed-in members.