In serious injury applications under s 134AB of the Accident Compensation Act 1985 involving a pre-existing injury, the pain and suffering from the subsequent injury must be assessed on its own merits; pre-existing pain does not diminish or devalue the significance of the subsequent injury's pain. The temporary assignment of light tasks to an injured worker does not, without more, constitute 'suitable employment' under s 5 of the Act, and the respondent bears the evidentiary onus to establish that such tasks constitute a form of employment in their own right. A judge must provide adequate reasons explaining why compelling and uncontradicted evidence of pain, disability and reduced work capacity is insufficient to meet the statutory threshold.
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