Burdens of proof

Although not a medical claim, Glen v Sullivan [2015] NSWCA 191 is interesting for its discussion of the application of Watts v Rake and Purkess v Crittenden regarding the burden of proof on pre-existing conditions.

At [51] the Court held:

It follows that … the respondent bore the onus of adducing evidence that the appellant’s psychiatric disabilities attributable to the accident had resolved before the date of the trial. But if the respondent did adduce such evidence, the burden of persuading the trier of fact on the balance of probabilities remained on the appellant.

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