In proceedings before the Workers Compensation Commission, Rule 15.2 of the Workers Compensation Commission Rules 2010 does not reintroduce the rules of evidence excluded by s 354 of the Workplace Injury Management and Workers Compensation Act 1998. The question for expert evidence is not admissibility but weight, and discrepancies between a worker's evidence and the history given to medical experts go to the weight of the expert opinions rather than rendering them incapable of supporting findings. A 'no evidence' ground of appeal in a non-evidence-based jurisdiction requires absence of material capable of rationally supporting the conclusion, not absence of admissible evidence.
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