When assessing whether a physical impairment constitutes a 'serious long-term impairment' under s 93(17)(a) of the Transport Accident Act 1986, the psychological sequelae of that physical impairment (such as an adjustment disorder consequential upon chronic pain) may be taken into account in determining the seriousness of the impairment, provided the impairment is predominantly the product of the organic condition. This does not constitute impermissible aggregation. Judicial reasons in serious injury applications that merely recite evidence and state findings may be adequate if the path of reasoning can be inferred, but judges are strongly encouraged to expressly state their reasoning to avoid unnecessary appeals.
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