The case provides a comprehensive summary of the legal principles governing serious injury applications under s 135A(19) of the Accident Compensation Act 1985 and the limitation period under s 135AC(b). For the purposes of s 135AC(b), it is sufficient to bar a worker's claim if, prior to the relevant date, the worker knew of facts that, viewed objectively, constituted serious injury incapacity — the worker's subjective appreciation that the injury is 'serious' is not determinative. A worker whose condition is chronic but manageable with minimal conservative treatment, and who retains capacity to work full time, may not have knowledge of facts constituting serious injury incapacity until a significant deterioration occurs.
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