The County Court dismissed the plaintiff's application for leave to bring a common law proceeding for pain and suffering and loss of earning capacity damages, finding that the impairment consequences of a compensable lumbar spine aggravation injury did not meet the 'serious injury' threshold of being 'at least very considerable'. The Court found the plaintiff's pain was manageable without daily medication or regular medical treatment, and that he retained capacity to work at least 20 hours per week in suitable employment, earning above the 60 per cent threshold. The Court rejected the aggregation argument, finding on the evidence that the compensable injury arose from a single incident (lifting a box) rather than two discrete mechanisms, but significant credibility concerns about the plaintiff's evidence informed the assessment of impairment consequences.
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