A score out of five is given for both pain and for suffering in Table B1. These two scores (under Table B1.1 and Table B1.2) are then combined with the scores given in Tables B2, B3 and B4 using the combined value calculation in Table B5.
Table B1 does not include temporary pain and suffering, or speculation as to future pain and suffering that has not yet manifested. Only permanent pain and suffering is taken into account when determining which ‘description of effect’ in Table B1 best reflects the loss suffered by claimant as a result of the injury and, in turn, which score should be given.
Both pain and suffering contain subjective elements. Delegates must assess any available evidence, including the claimant’s self-assessed score, and make a finding as to which description in Table B1 best reflects the pain and suffering experienced by the claimant as a result of the injury.
Table B1.1 Pain
Medical reports or records, approval to pay for specific medication or records of payment for medication can be relied on when considering which description of the effect in Table 1 best reflects the pain suffered by the claimant and, in turn, what score should be given. It should be noted that an absence of this type of evidence will not in itself prevent a delegate from accepting the claimant’s self-assessed pain score. Generally, it will be open to a delegate to accept a claimant’s self-assessed score unless there is evidence that the self-assessed score is not appropriate.
Table B1.2 Suffering
Suffering is the mental distress that results from the injury and includes emotional symptoms such as grief, anguish, fear, frustration, humiliation, embarrassment. There may be evidence such as medical reports that specifically addresses this suffering. In cases where there is no independent evidence of this type, delegates should generally be guided by the claimant’s self-assessed suffering score, which can be accepted unless there is evidence to other evidence that the self-assessed score is not appropriate.