Assessment of a worker's ability to earn in suitable employment under s 40(2)(b) of the Workers Compensation Act 1987 requires consideration of the practical realities of the injured worker obtaining and keeping employment in the labour market, not merely identification of jobs matching the worker's physical and mental capacities. Vocational capacity centre reports that assess capacities and match them to job tasks, without addressing the worker's practical prospects of actually obtaining such employment, are insufficient. An entitlement to lump sum compensation under s 66 does not support an inference of entitlement to weekly payments under s 40, as the two provisions involve different concepts.
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