Under para (c) of the serious injury definition in s 134AB(37) of the Accident Compensation Act 1985 (Vic), there is no requirement to 'disentangle' work-related non-organic symptoms from pre-existing psychiatric conditions. The court may take into account both the psychological consequences of a physical injury and the physical consequences of a mental or behavioural disturbance or disorder. Where a workplace accident triggers a pre-existing psychiatric vulnerability resulting in genuine disabling pain, the Semlitch analysis applies and the serious injury threshold may be met without separating the work-related contribution from pre-existing factors.
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