In assessing after-injury earning capacity under s 325(2)(f)(i) of the WIRC Act, the court is not required to adopt a mathematical or formulaic approach but must fix a figure that most fairly reflects the worker's earning capacity based on the evidence as a whole. Where a worker's actual earnings in a family business are depressed by the impact of the injury on business profitability, those actual earnings may properly be found to reflect earning capacity. An argument that a worker could earn the requisite percentage in alternative employment outside their current role cannot be raised for the first time on appeal where it was not put at trial and could have been met by further evidence.
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