ARTICLE · 20 APRIL 2016

Clinical records defeat plaintiff's evidence

Sparke Helmore Lawyers

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The case reinforces the importance of clinical records as a record of a worker's symptoms in serious injury applications.

AustraliaEmployment and HR

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Philippiadis v Transport Accident Commission [2016] VSCA 1

The Court of Appeal decision of Philippiadis v Transport Accident Commission serves to reinforce the importance of clinical records as an objective record of a worker's symptoms and consequences in serious injury applications.

Despite no adverse findings of credit being made against the Applicant or his wife, the Trial Judge ultimately preferred the clinical records as a reliable record of the Applicant's symptoms. However, while courts are not bound to prefer the evidence of a general practitioner; in many serious injury applications where no attack is made on the Plaintiff's credibility, a general practitioner's evidence about symptoms and restrictions will be given considerable weight.

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