The 'incapacity arising from the injury' in s.135A(2)(b) of the Accident Compensation Act 1985 (Vic) refers to the incapacity that becomes apparent when the injury is demonstrated to be a 'serious injury' under s.135A(19), not to any temporary incapacity for work caused by the initial insult. 'Incapacity' in this context means physical or mental incapacity generally, not merely incapacity for work. The meaning of 'become known' was left open.
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