Section 134AB(38)(h) of the Accident Compensation Act 1985 does not require a plaintiff to 'disentangle' or 'strip out' psychological consequences of physical injury through medical evidence as a precondition to establishing serious injury. The serious injury question is to be determined on all the evidence before the court. A court may find serious injury established even where the precise quantum of psychological overlay has not been identified, provided the court is satisfied on the probabilities that the physically-based impairment meets the statutory test. Stamboulakis should not be understood as mandating a disentanglement approach failing which a plaintiff cannot succeed.
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