In assessing whether an injury is 'serious' under s 134AB(38)(c) of the Accident Compensation Act 1985, the court must consider not only the worker's symptoms and limitations but also what activities the worker retains capacity to perform post-injury. A return to full-time employment, successful participation in competitive sport, and ability to perform everyday activities with adaptation are significant factors tending against a finding of serious injury, even where the worker suffers constant variable pain. Observations made by an appellate court in remitting a matter for rehearing on the basis of inadequate reasons should not be treated as qualitative evaluations of the evidence on the rehearing.
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