Under s.135AC(b) of the Accident Compensation Act 1985, a worker's bare hope that their condition will improve does not negate or qualify their subjective knowledge of serious injury incapacity where the worker's own evidence establishes actual knowledge of permanent incapacity for pre-injury work. The characterisation of a worker's subjective knowledge as amounting to knowledge of serious injury incapacity involves elements of fact, degree and value judgment, and absent wrong findings or error in principle, such a characterisation is difficult to successfully attack on appeal.
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