A finding that a physical aggravation did not result in permanent pain and suffering at least very considerable does not preclude a finding that the aggravation triggered a psychiatric injury, because logic does not demand temporal coincidence between physical trauma and psychiatric onset. The Civil Procedure Act 2010 (Vic) applies to accident compensation proceedings and reinforces the rule that a party cannot raise on appeal a causation case not put at trial. Where expert opinion evidence is not challenged in cross-examination as to its factual assumptions, it is doubly difficult for an appellant to challenge the trial judge's acceptance of that opinion.
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