Often plaintiffs either have pre-existing health conditions or
have suffered non-work related health conditions by the time of
trial resulting in the defendant seeking a discount of damages to
account for the effect of the non-work related condition. This is
especially so in the case of psychiatric conditions which are often
considered to be multi factorial in origin. In White v Hertz
Australia Pty Ltd [2017] QSC 82, Daubney J considered in
detail, the evidentiary burden to be discharged by the defendant in
order for such a discount to be applied.
Facts
The plaintiff was a car detailer who sustained a needlestick
injury when removing rubbish from a car and then developed a
psychiatric injury due largely to the fear he had contracted a
blood borne illness. Three months after the injury, he was clear of
having contracted such an illness but he continued to experience
psychiatric symptoms which increased over time culminating in his
admission as a psychiatric
