In a serious injury application under s 134AB of the Accident Compensation Act 1985, where the consequences of an organic injury depend significantly on the applicant's self-reported symptoms and history, the applicant's credibility remains relevant to the assessment of the severity of those consequences, even where the existence of the organic injury is established by objective tests. Damage to credibility from video surveillance footage and exaggerated presentations to doctors is not divisible between organic and non-organic complaints. The psychological and psychiatric consequences of a physical injury must be excluded under s 134AB(38)(h), and the applicant bears the onus of establishing that the organic injury alone produces consequences meeting the serious injury threshold.
The full text is available to signed-in members, including the 32 later cases that cite this judgment.
1 of the 32 citing cases carry a classified treatment. How each court treated it is available to signed-in members.