Following the repeal of s 134AD of the Accident Compensation Act 1985 (Vic), appeals from serious injury determinations are governed by the Mobilio v Balliotis standard: the primary judge's determination will stand unless plainly wrong or wholly erroneous. In evaluating the 'pain and suffering consequence' of an injury, the Haden/Sutton framework requires assessment of both the plaintiff's experience of pain as such (intensity and frequency) and the disabling effect of the pain on physical capabilities and enjoyment of life. A plaintiff who provides little precise evidence about pain intensity and constancy, manages pain with only occasional over-the-counter medication, and has adapted to maintain significant life activities may not satisfy the 'very considerable' threshold.
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