Following the repeal of s 134AD of the Accident Compensation Act 1985 (Vic), the appellate test for serious injury determinations reverts to the Mobilio standard: the determination should be set aside only for specific error or if plainly wrong or wholly erroneous. A worker's failure to take medication or continue treatment is a relevant but not determinative factor in assessing pain and suffering consequences, to be considered alongside the worker's own evidence of pain intensity and the objective evidence of disabling effect. The Stijepic principle that the likely duration of consequences is relevant to the serious injury assessment cannot be extrapolated to create a presumption that advanced age makes consequences less serious; the relevance of age depends on the circumstances of each case.
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