In a serious injury application under s 134AB of the Accident Compensation Act 1985 (Vic), the assessment of 'suitable employment' for the purpose of the 40% loss of earning capacity test requires consideration of all matters in the statutory definition, but the trial judge is not required to provide a detailed analysis of each particular job where the applicant's evidence is unreliable and the applicant has unreasonably refused rehabilitation. An evidentiary onus on the respondent to identify suitable employment only arises where the applicant has established a prima facie case that no suitable employment exists. A trial judge is not required to analyse a case (such as partial disability or part-time work capacity) that was not put by the parties.
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