In serious injury applications under the Accident Compensation Act 1985 (Vic) where pain and suffering consequences have both physical and psychological causes, the accepted two-step approach is: (1) ask whether there is a substantial organic basis for the consequences (a shortcut benefiting the applicant); and (2) if not, require the applicant to disentangle the physical from the psychological causes. This approach involves no error of law. Where medical evidence suggests a significant psychological component, the applicant's evidence must be structured to enable the court to identify the organic component; failure to do so will make it difficult to establish serious injury on the balance of probabilities.
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