Where a plaintiff in a personal injury case relies on medico-legal reports prepared years after the event to establish causation of long-term injuries, and contemporaneous treating doctor evidence shows only minor injury, the medico-legal reports provide an insufficient basis for a finding of causation — particularly where the later conditions are degenerative in nature and consistent with gradual onset. Treating doctors should be called to give oral evidence where medical causation is in dispute. A labour hire employer that has no control over the workplace nonetheless retains its non-delegable duty of care to its employee, and its responsibility for breach of that duty activates s 151Z(2) of the Workers Compensation Act 1987.
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