Where a second injury is an aggravation of a pre-existing condition, the loss of earning capacity must be assessed by comparing the worker's earning capacity immediately before and after the aggravation, not by reference to the worker's original uninjured capacity. A 40 per cent loss of an already reduced earning capacity can satisfy the 'very considerable' test in s 134AB(38)(c) — the fact that the worker was starting from a low base does not preclude the consequence from being 'very considerable'. The version of s 134AB(38)(f) applicable on a s 134AD appeal is the version in force at the time of the County Court determination, not any subsequently amended version.
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