The spine is a single body function for the purposes of s 93(17)(a) of the Transport Accident Act 1986 (Vic), and impairments of the cervical and lumbar spine may be aggregated. This settled position, established at first instance over almost 20 years, has now been confirmed at appellate level. Where a claimant is found to be an unreliable witness who has exaggerated consequences to medical practitioners, the probative force of medical opinions based on that history is significantly reduced, and uncorroborated statements by the claimant cannot be relied upon. The onus to 'disentangle' multiple contributors to pain and disability — including pre-existing conditions, subsequent accidents, psychological overlay, and ageing — rests on the claimant, and failure to discharge that onus is fatal to the application.
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