Section 134AB(38)(f) of the Accident Compensation Act 1985 (Vic) does not permit indexation of 'without injury' earnings to the date of the s 134AB(16)(b) hearing. The 'without injury' earnings comparator is fixed by reference to the six-year window period. Evidence of earnings outside the window period is admissible only insofar as it casts light on likely earnings within the window. In cases of unique pre-injury employment, some measure of indexation within the window may be appropriate depending on the evidence.
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