The observation in Ansett v Taylor that an admission constituted by acceptance of a workers' compensation claim 'should ordinarily be regarded as very significant' is not a binding proposition of law but an observation only. The significance of such an admission must be assessed in the context of the whole of the evidence, and a primary judge is entitled to conclude that such an admission has little probative value where the evidence as a whole does not support the claim. The failure to call evidence from the insurer to explain the acceptance does not mandate a conclusion favourable to the claimant.
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