which is usually the expiration of six months. The assessment should take assessment’ into account only work for which the employee was suited at the expiration of that period. Therefore education, training and experience after the end of the waiting period are not relevant. Labour market test The court must consider whether it is that the insured would actually obtain ‘probable work for The context here is that the TPD definition is directed to the realities reward’. affecting the capacity of the person, not theory, but the context is the life insured's physical capacity in a realistic sense; not, for example, the place where work could or should be carried out. This approach has been misunderstood as importing a ‘labour market The market is not properly a part of TPD criteria or test’. ‘labour test’ assessment. It is not supported by the terms of standard TPD insurance, or principle or authority. It is a question of realistic physical capacity not labour market availability. Extent of incapacity The various definitions of TPD require varying degrees of disablement: ‘the requirement that the incapacity be further employment, carries with it the ‘for’ requirement that the incapacity be permanent or substantially permanent. Mere temporary incapacity would clearly be In the same way, an incapacity to insufficient.’ such an extent as to render the Insured Member required evidence ‘wholly prevented’ of a very substantial disability. Degree of certainty The expression sets a very high standard of state unlikely ever probability: ‘permanent of or The true construction of is affairs’, ‘no real chance’ ‘improbable’. unlikely ever chance or even The words well into the and ‘no real improbable’. ‘look future’ connote a permanent state of affairs so far as can be seen based on the evidence at the time of assessment. A modern and practical rendition of the test would be: ‘very improbable over a working life time’. It follows that time and therefore age can be factors: a life insured was aged 38 and the length of working life available was relevant because a younger person has a better opportunity to return to an ETE occupation. In the modern Australian context, it might be reasonable to treat a lifetime as between age 65 and 80. Partial disablement The distinction between total and partial disablement is between the carrying out of all the normal duties of the insured's usual occupation and the carrying out of the some of the normal duties.
assessment’ which is usually the expiration of six months. The assessment should take into account only work for which the employee was suited at the expiration of that period. Therefore education, training and experience after the end of the waiting period are not relevant. Labour market test The court must consider whether it is ‘probable that the insured would actually obtain work for reward’. The context here is that the TPD definition is directed to the realities affecting the capacity of the person, not theory, but the context is the life insured's physical capacity in a realistic sense; not, for example, the place where work could or should be carried out. This approach has been misunderstood as importing a ‘labour market test’. The ‘labour market test’ is not properly a part of TPD criteria or assessment. It is not supported by the terms of standard TPD insurance, or principle or authority. It is a question of realistic physical capacity not labour market availability. Extent of incapacity The various definitions of TPD require varying degrees of disablement: ‘the requirement that the incapacity be ‘for’ further employment, carries with it the requirement that the incapacity be permanent or substantially permanent. Mere temporary incapacity would clearly be insufficient.’ In the same way, an incapacity to such an extent as to render the Insured Member ‘wholly prevented’ required evidence of a very substantial disability. Degree of certainty The expression unlikely ever sets a very high standard of probability: ‘permanent state of affairs’, ‘no real chance’ or ‘improbable’. The true construction of unlikely ever is ‘no real chance or even improbable’. The words ‘look well into the future’ and connote a permanent state of affairs so far as can be seen based on the evidence at the time of assessment. A modern and practical rendition of the test would be: ‘very improbable over a working life time’. It follows that time and therefore age can be factors: a life insured was aged 38 and the length of working life available was relevant because a younger person has a better opportunity to return to an ETE occupation. In the modern Australian context, it might be reasonable to treat a lifetime as between age 65 and 80. Partial disablement The distinction between total and partial disablement is between the carrying out of all the normal duties of the insured's usual occupation and the carrying out of the some of the normal duties.