Under s 135AC(b) of the Accident Compensation Act 1985, the onus lies on the worker to prove that the application for determination was made within three years of the date the incapacity became known. For psychiatric injuries constituted by severe long-term mental or behavioural disturbance or disorder, the worker's awareness of symptoms such as depression, anxiety, alcohol abuse and gambling does not constitute knowledge of the incapacity where no mental healthcare professional has diagnosed the condition as a severe mental or behavioural disorder of a kind recognised by psychiatric medicine. The failure of treating professionals to diagnose the condition is directly relevant to whether the worker knew of facts which, objectively viewed, would constitute serious injury incapacity.
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