A worker who satisfies the loss of earning capacity requirements of s 134AB of the Accident Compensation Act 1985 is entitled to bring proceedings for both pain and suffering damages and pecuniary loss damages, notwithstanding that s 134AB(17) only limits workers who satisfy the pain and suffering threshold alone. In serious injury applications, the rule in Browne v Dunn requires that observations in medical reports relied upon as inconsistent with the applicant's evidence must be put to the applicant or their witnesses in cross-examination; failure to do so does not render the evidence inadmissible but affects its weight. Where the preponderance of evidence establishes that a physical injury is the major contributing factor to disability and psychiatrists disavow significant psychiatric illness, there is no need to disentangle psychological from physical consequences under s 134AB(38)(h) and (i).
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