In employer liability claims for psychiatric injury, medical evidence that treatment 'would have gone a long way towards' or 'could have opened the door' to a better outcome, or that the plaintiff would have had 'an opportunity for a better outcome', establishes no more than loss of a chance and is insufficient to prove factual causation on the balance of probabilities under s 5D(1)(a). Section 5D(2) cannot be invoked simply because there is insufficient evidence to establish causation; it is confined to cases involving multiple contributing factors creating a genuine evidentiary gap.
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