In a serious injury application under s 93(4)(d) of the Transport Accident Act 1986 (Vic), the applicant bears the evidentiary onus of establishing impairment consequences flowing from the compensable injury. Medico-legal opinions based on inaccurate or incomplete histories provided by the applicant may be rejected. The absence of treating practitioner reports, lay witness evidence, and financial records may be fatal to the application. Clinical records, even where the maker is not called, may provide an appropriate basis for credibility and factual findings, though care must be exercised given their clinical rather than forensic purpose.
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