Section 93F(1) of the Workers' Compensation and Rehabilitation Act 1981 (WA) requires a discretionary assessment of the severity of the disability, not a mathematical calculation by reference to the degree of disability. The court must compare the severity of the particular disability with the range of disabilities that might qualify as most extreme cases of less than 30% degree. Economic loss is relevant but not determinative; other factors including impact on daily activities, pain and suffering, age, and educational qualifications must be weighed. The approach of McLure JA and Roberts-Smith JA in Marshall v Lockyer is preferred over that of Murray AJA.
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