Where psychiatric evidence attributes a plaintiff's PTSD primarily to a traumatic incident for which no breach is found, and describes the employer's negligent response as only a secondary contributing factor with a 'remote possibility' of preventing the disorder, factual causation under s 305D(1)(a) is not established. A finding that a breach 'contributed to' an injury is not equivalent to a finding that the injury would not have occurred but for the breach. If a plaintiff wishes to rely on s 305D(2) (exceptional cases/material contribution), this must be pleaded or raised at the commencement of trial. An alternative case that the breach exacerbated rather than caused the injury must also be pleaded.
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