Maxwell P's framework at paragraphs 9-17 identifies the two components of the 'pain and suffering consequence' assessment (experience of pain and disabling effect of pain) and catalogues the evidentiary bases and relevant considerations for each. However, Buchanan JA and Nettle JA doubted the utility of such comparative frameworks, treating the assessment as purely one of fact, degree and value judgment. The framework is therefore persuasive guidance rather than binding methodology. Constant pain that dominates a worker's life, interferes with sleep nightly, and prevents return to pre-injury occupation may satisfy the serious injury threshold even where the worker maintains full-time employment and passive recreational activities.
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