The case confirms that where an applicant suffers constant pain, significant restriction in daily activities, permanent impairment of earning capacity, and loss of enjoyment of life from a lower back injury sustained in a transport accident, the consequences are irresistibly 'very considerable' and constitute a serious injury under s 93(4)(d) of the Transport Accident Act 1986. The fact that an applicant does not take medication, has not been referred to a surgeon, and has some residual work capacity does not preclude a finding of serious injury. The Court flagged that the Mobilio 'plainly wrong' standard of appellate review may need reconsideration in light of SZVFW.
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