In a serious injury application for pain and suffering damages only under s 134AB(16)(b) of the Accident Compensation Act 1985 (Vic), while pure loss of earning capacity consequences (mere pecuniary loss) cannot be aggregated with pain and suffering consequences, a worker's inability to engage in particular forms of employment is relevant to pain and suffering consequences insofar as it relates to loss of enjoyment of life, loss of amenities, and frustration. The assessment of pain and suffering consequences must have regard to the whole of the individual, including background, abilities and skill sets, not merely some worker of average or uniform characteristics.
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