For the purposes of s.135AC(b) of the Accident Compensation Act 1985, 'the incapacity arising from the injury' means any consequence of compensable injury — whether pain and suffering or pecuniary disadvantage — sufficient to found a successful serious injury application. A worker cannot postpone the date of knowledge by ignoring known serious pain and suffering consequences and fixing on later-occurring economic consequences. The statement in Humphries v Poljak that serious injury means injury serious 'to the particular worker' refers to the circumstances of the injured person (e.g., a pianist losing a finger), not to the worker's subjective valuation of which consequences matter to them. Stoicism may be relevant to the knowledge inquiry but must be approached with caution.
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