Where the defendant's own principal medical expert's final report acknowledges significant work incapacity due to injury, and an earlier contrary report from the same expert is based on a false factual premise, the final report should be accepted as the proper basis for assessing loss of earning capacity. An applicant who satisfies the loss of earning capacity requirements of s 134AB(38)(e) need not also satisfy the pain and suffering requirements in order to claim pain and suffering damages.
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