Legal Bulletin No. 195

Issued 24 January 2025

Welcome to the one hundred and ninety fifth edition of the Personal Injury Commission’s Legal Bulletin. Please see here for details about the legal citations used for the Commission’s decisions. The decisions listed below are now available on AustLII and will be available shortly, on Jade and Lexis Nexis. Any legislative updates are provided at the base of the Bulletin.

Presidential Member Decision

Martin v Queensland Property Investments Pty Ltd [2025] NSWPICPD 1

Extension of time to appeal pursuant to s 352(4) of the Workplace Injury Management and Workers Compensation Act 1998 and r 133A of the Personal Injury Commission Rules 2021; s 39(1) of the Workers Compensation Act 1987 – whether payments were “in respect of an injury after an aggregate period of 260 weeks”; the former s 40(1) of the 1987 Act and the statutory discretion pursuant to Australian Wire Industries Pty Ltd v Nicholson (1985) 1 NSWCCR 50 and associated authorities; res judicata – application of Blair v Curran [1939] HCA 23; 62 CLR 464; Miller v Secretary, Department of Communities and Justice [2022] NSWCA 190; Tomlinson v Ramsey Food Processing [2015] HCA 28; 256 CLR 507; Held – the time for bringing the appeal is extended pursuant to section 352(4) of the Workplace Injury Management and Workers Compensation Act 1998 and rule 133A of the Personal Injury Commission Rules 2021 to 29 January 2024; the Certificate of Determination dated 3 November 2023 is revoked; the matter is remitted to a different member to determine the appellant’s outstanding entitlements, consistent with these reasons.

Decision date: 14 January 2025 | Before: Deputy President Michael Snell

Motor Accidents non-Presidential Member Decision

Insurance Australia Limited t/as NRMA Insurance v Cahill [2024] NSWPIC 619

Motor Accident Injuries Act 2017; application for discretionary exemption from assessment pursuant to rule 99 of the Personal Injury Commission Rules 2021; the claimant was a pillion passenger on an unregistered and uninsured dirt bike being driven on a public dirt road in NSW; the driver of the bike lost control and crashed into an embankment; claimant was not wearing a helmet; rider of the bike was not licensed; claimant suffered severe traumatic brain injury; rider admitted to Police that he was under the influence of alcohol and cannabis; claimant, uninsured bike rider and bike owner all reside outside NSW; all relevant witnesses need to be compelled to give evidence; insurer’s application for discretionary exemption from assessment; application supported by claimant who conceded that a Court is the proper forum to determine the complex factual legal and medical issues for determination; no evidence that claimant lacked capacity; Held – recommendation that claim be exempted from assessment; recommendation subsequently approved by the Division Head, as the President’s delegate.

Decision date: 4 November 2024 | Member: Gary Victor Patterson

Workers Compensation non-Presidential Member Decisions

Nicolaou v Nicholas Nicolaou t/as Scarborough Park Auto Care [2024] NSWPIC 678

Application for reconsideration of a Certificate of Determination (COD) to allow worker to pursue medical appeal; mistake of solicitor meant COD was issued without review of Medical Assessment Certificate; Samuel v Sebel Furniture Limited and Hurst v Goodyear Tyre & Rubber Co (Australia) Ltd considered; applicant blameless for conduct of solicitor; justice according to substantial merits of the case meant COD should be set aside; Held – COD rescinded.

Decision date: 6 December 2024 | Member: Parnel McAdam

Fletcher v Northern Beaches Council [2025] NSWPIC 7

Workers Compensation Act 1987; whether the applicant sustained injury to the bilateral shoulders, lumbar spine and psychological injury in the course of employment as a painter; whether personal injury or disease pursuant to section 4; respondent asserted that the worker suffered multiple separate frank injuries on different dates; worker asserted that he suffered a single injury with a deemed date; issues with quality of medical evidence; worker suffered a symptomatic aggravation of an underlying disease in the course of his employment to the bilateral shoulders; insufficient evidence relating to lumbar spine injury; Held – bilateral shoulder injury deemed to have occurred on date claim was made; matter referred to a Medical Assessor to assess bilateral shoulder injuries.

Decision date: 9 January 2025 | Member: Diana Benk

Sukkarieh v Queensland Property Investments Pty Ltd [2025] NSWPIC 8

Workers Compensation Act 1987; claim for the respondent to pay for the cost of new or alternative motor vehicle with modifications recommended by general practitioner; whether an order pursuant to section 60(5) is appropriate having regard to the evidence; whether findings can be made regarding a motor vehicle and modifications being a curative apparatus; Thomas v Ferguson Transformers Pty Ltd and Newcastle regional Public Tenants Council Incorporated v Grant considered; Held – section 60(5) order not appropriate in the circumstances of this dispute; findings made in favour of worker for certain modifications to a motor vehicle to be a curative apparatus that is reasonably necessary medical or related treatment as a result of the injury sustained by the worker.

Decision date: 9 January 2025 | Member: John Isaksen

Leuzzi v Primo Concrete Pty Ltd [2025] NSWPIC 9

Workers Compensation Act 1987; claim for weekly benefits compensation pursuant to sections 33 and 37; claim for permanent impairment compensation pursuant to section 66; accepted right shoulder frank injury and left wrist carpal tunnel syndrome; whether applicant sustained injury to the cervical spine in the nature of a disease pursuant to section 4(b)(i) and (ii); whether the left upper extremity (wrist) can be included in a referral to a Medical Assessor (MA) in relation to a claim pursuant to section 66 because there is no evidence of assessment of whole person impairment (WPI); quantification of the applicant’s entitlement to weekly compensation pursuant to sections 33 and 37(3); what is the “current weekly earnings” that should be applied for calculation of the entitlement to weekly benefits compensation pursuant to section 37(3); Held – award for the respondent in relation to the claimed injury to the cervical spine pursuant to section 4(b)(i) and (ii); in the circumstances, no basis to remit to the President for referral to an MA for determination of WPI; the applicant had current work capacity and returned to work for less than fifteen hours per week; “current weekly earnings” pursuant to section 37(3) are (a) for the periods from 4 October 2023 to 1 November 2023 and from 1 December 2023 to 25 January 2024 is $1,960 per week, being the weekly amount that the applicant would be able to earn during the claim period in “suitable employment”, specifically managerial work with the respondent on a full-time basis, and (b) for the period from 2 November 2023 to 30 November 2023 is $222.65 per week, being the weekly amount that the applicant would be able to earn during the claim period in “suitable employment”, specifically managerial work with the respondent on the basis of six hours work per week.

Decision date: 10 January 2025 | Member: Karen Garner

Lee v Australian Turf Club Ltd [2025] NSWPIC 10

Workers Compensation Act 1987 (1987 Act); the applicant claims weekly compensation, medical or related treatment expenses, and permanent impairment compensation payable under the 1987 Act resulting from primary psychological injury sustained in the course of her employment with the respondent; the applicant’s claim is declined with injury, capacity, need for medical or related treatment and permanent impairment placed in issue; Held – the applicant sustained primary psychological injury in the course of her employment with her employment being the main contributing factor to injury; the applicant has suffered an incapacity for work resulting from the injury and has entitlement to weekly compensation payable under section 37; the applicant requires medical or related treatment resulting from the injury and has entitlement to costs payable under section 60; the applicant’s claim for permanent impairment is remitted to the President for referral to a Medical Assessor for assessment of permanent impairment resulting from the injury.

Decision date: 10 January 2025 | Member: Jacqueline Snell

Pereira v ARA Fire Protection Services Pty Ltd & Ors [2025] NSWPIC 11

Workers Compensation Act 1987; death claim arising from alleged heart attack injury; whether employment was main contributing factor to injury which caused death, namely aggravation of underlying heart condition by way of rupture of arterial plaque causing heart attack; sections 4(b)(ii) and 9B discussed; Held – the injury at issue having been pleaded as an aggravation of a disease process, the applicant must prove the deceased’s employment was the main contributing factor to the heart attack injury; if the applicant succeeded on the question of injury, she would also need to establish the deceased’s employment significantly increased his risk of suffering the heart attack at issue; the evidence does not establish on the balance of probabilities that the deceased’s employment was the main contributing factor to the heart attack; award for the first respondent.

Decision date: 13 January 2025 | Member: Cameron Burge

Drakoulis v CASS Gumnut Early Learning Centre - Campsie [2025] NSWPIC 12

Workers Compensation Act 1987; claim for further lump sum compensation pursuant to section 66 in respect of an injury received on 2 June 2000; also application for assessment of whole person impairment for the purposes of section 39; only one prior claim for lump sum compensation in 2003 which had resolved by way of a section 66A agreement; need to determine parts of body that had been injured in course of employment and whether claimed consequential conditions resulted from those injuries; matter decided on basis of evidence with no issues of principle; Held – matter referred to Medical Assessor.

Decision date: 13 January 2025 | Member: Michael Moore

Mackey v Wilson [2025] NSWPIC 13

Claim for consequential lumbar spine condition; whether failure by applicant to complain compromised his claim; whether expert evidence sufficient given that failure; Held – applicant injured right shoulder and left knee when he fell up to 2 m from a building site; lumbar spine condition identified by medico-legal expert whilst assessing the right shoulder and left knee injuries about 18 months later; it was common ground that no complaint about the lumbar spine had been made but applicant's expert identified that the altered gait caused by the left knee injury had caused the lumbar condition; the respondent's expert did not consider that opinion, although it was specifically identified for comment; Hamad v Q Catering Ltd, Hancock v East Coast Timber Products Pty Ltd, and Kumar v Royal Comfort Bedding Pty Ltd considered and applied; award applicant.

Decision date: 14 January 2025 | Member: John Wynyard

Motor Accidents Medical Review Panel Decisions

Insurance Australia Limited t/as NRMA Insurance v Quigley [2025] NSWPICMP 2

Review of medical assessment; whole person impairment; nerve injury left lower leg; full thickness burns; wound debridement; impaired activities of daily living; scarring and nerve injury; sural nerve injury; skin graft repair; requirement for combined certificate; Held – Medical Assessment Certificate revoked.

Decision date: 6 January 2025 | Panel Members: Member Hugh Macken, Dr Michael McGlynn, and Dr Sophia Lahz | Injury module: Skin and Left Lower Extremity

Insurance Australia Limited t/as NRMA Insurance v Quigley [2025] NSWPICMP 3

Review of medical assessment; whole person impairment; assessment of head and brain injury; combined certificate; complicated pre-accident medical history; traumatic brain injury; fractured left scapula; brain scan abnormality; clinical dementia rating; Held – Medical Assessment Certificate revoked.

Decision date: 6 January 2025 | Panel Members: Member Hugh Macken, Dr Michael McGlynn, and Dr Sophia Lahz | Injury module: Spine, Upper Limb, Nervous System, and Brain Injury

Insurance Australia Limited t/as NRMA Insurance v Jaghuri [2025] NSWPICMP 15

Motor Accident Injuries Act 2017; physical injuries; review of Medical Assessment Certificate under section 7.23(1); whether injuries to lumbar spine and left arm caused by motor accident and whether permanent impairment exceeded 10%; claimant involved in a high-impact collision resulting in significant sternal injury and two-week hospitalisation; lumbar spine and left arm injuries not initially reported but later documented; causation of lumbar spine and left arm conditions disputed; Review Panel considered the claimant’s pre-existing medical history, delayed reporting of symptoms, and imaging findings; lumbar spine symptoms attributed to pre-existing degenerative changes; no evidence of radiculopathy, muscle spasm, or guarding; left elbow condition resolved with no ongoing impairment; Held – injuries caused by the accident did not result in permanent impairment exceeding the statutory threshold; permanent impairment assessed at 0%.

Decision date: 8 January 2025 | Panel Members: Member Bridie Nolan, Dr Margaret Gibson, and Dr Mohammed Assem | Injury module: Spine and Upper Limb

QBE Insurance (Australia) Limited v Alzebari [2025] NSWPICMP 16

Motor Accident Injuries Act 2017; psychological injuries; review of Medical Assessment Certificate under section 7.23(1); claimant experienced persistent depressive disorder with persistent major depressive episode following her brother’s death in a motor accident; symptoms included poor concentration, social withdrawal, fatigue, insomnia, and loss of motivation; diagnosis excluded prolonged grief disorder and post-traumatic stress disorder; claimant unable to pursue prior career goals, engage in social or recreational activities, or function independently; impairment assessed at 17% whole person impairment (WPI), exceeding the 10% statutory threshold; Held – claimant’s psychological injury caused by the motor accident resulted in permanent impairment greater than 10%; Medical Assessor’s findings revoked.

Decision date: 8 January 2025 | Panel Members: Member Bridie Nolan, Dr John Baker, and Dr Glen Smith | Injury module: Mental and Behavioural

Chen v Allianz Australia Insurance Limited [2025] NSWPICMP 17

Motor Accident Injuries Act 2017; right shoulder injury; determination of causation and classification as threshold injury under section 7.23(1); whether the right shoulder pathology, including labral tear and tendinopathy, was caused by the motor accident; claimant’s work history as a gyprocker and pre-existing imaging indicating degenerative changes reviewed; whether imaging and symptoms consistent with acute trauma; extensive analysis of pre-accident ultrasound and MRI findings; biomechanical report assessing forces from low-energy collision considered; claimant’s credibility questioned due to inconsistencies in reporting pre-existing conditions and post-accident employment attempts; treatment and care, including cortisone injection, determined to address degenerative changes, not accident-related, pathology; labral tearing confirmed as non-displaced and within scope of threshold injuries; Held – right shoulder injury caused by degenerative processes, not the motor accident; injury classified as a threshold injury; treatment not causally related to the accident.

Decision date: 8 January 2025 | Panel Members: Member Bridie Nolan, Dr Clive Kenna, and Dr Margaret Gibson | Injury module: Spine, Upper Limb, and Lower Limb

QBE Insurance (Australia) Limited v Eldahoud [2025] NSWPICMP 18

Motor Accident Injuries Act 2017; physical injuries; review of Medical Assessment Certificate under section 7.23(1); whether multiple injuries caused by a motor accident resulted in permanent impairment greater than 10%; claimant alleged injuries to cervical, thoracic, and lumbar spine; bilateral shoulders, hips, and knees, and right wrist; assessment of causation and degree of permanent impairment considering pre-existing degenerative conditions; Panel found soft tissue injuries to the cervical, thoracic, and lumbar spine, hips, knees, and right wrist were caused by the motor accident; bilateral shoulder symptoms found unrelated to the motor accident; Held – claimant’s injuries caused by the accident resulted in a total permanent impairment of 5%, below the statutory threshold for non-economic loss compensation.

Decision date: 8 January 2025 | Panel Members: Member Bridie Nolan, Dr Mohammed Assem, and Dr Shane Moloney | Injury module: Spine, Upper Limb, Lower Limb, and Brain Injury

Hajipavlou v Allianz Australia Insurance Limited [2025] NSWPICMP 19

Motor Accident Injuries Act 2017; psychiatric injuries; review of Medical Assessment Certificate under section 7.23(1); whether persistent depressive disorder constituted a permanent impairment caused by the motor accident; claimant, a passenger in a motor vehicle accident, experienced memory loss and emotional distress following the incident; initial diagnosis of adjustment disorder evolved into persistent depressive disorder (dysthymia); whether impairment was permanent and exceeded 10% whole person impairment (WPI); prior Medical Assessor’s finding of 6% WPI reviewed; Review Panel found claimant had no relevant pre-existing or subsequent psychiatric impairments; claimant’s permanent impairment assessed at 17% WPI; Held – persistent depressive disorder caused by the motor accident constituted a permanent impairment exceeding the statutory threshold.

Decision date: 9 January 2025 | Panel Members: Member Bridie Nolan, Dr Matthew Jones, and Dr Christopher Canaris | Injury module: Mental and Behavioural

Hajipavlou v Allianz Australia Insurance Limited [2025] NSWPICMP 20

Motor Accident Injuries Act 2017;assessment of injuries; claimant involved in a T-bone collision resulting in soft tissue injuries and alleged traumatic brain injury (TBI); soft tissue injuries to the cervical spine, chest, and arms determined to have resolved without permanent impairment; alleged TBI and associated cognitive symptoms assessed under the Motor Accident Permanent Impairment Guidelines; no medically verified abnormalities in Glasgow Coma Scale (GCS), post-traumatic amnesia (PTA), or brain imaging to substantiate TBI diagnosis; MRI finding of right parietal lobe artefact deemed incidental and not clinically significant; psychological symptoms including memory deficits and anxiety attributed to adjustment disorder unrelated to brain trauma; injuries classified as threshold injuries, with no resulting permanent impairment; Held – claimant’s injuries caused by the motor accident are threshold injuries and do not give rise to a whole person impairment greater than 10%; Medical Assessor’s findings affirmed.

Decision date: 9 January 2025 | Panel Members: Member Bridie Nolan, Dr Sophia Lahz, and Dr Alan Home | Injury module: Spine, Upper Limb, Brain Injury, and Visual System

QBE Insurance (Australia) Limited v Harris [2025] NSWPICMP 21

Motor Accident Injuries Act 2017; assessment of injuries; claimant involved in a motor vehicle collision resulting in a mild traumatic brain injury, soft tissue injury to the cervical spine, and a subsequent fall causing a fractured right big toe; mild traumatic brain injury (TBI) resolved within three months post-accident; not a threshold injury; cervical spine soft tissue injury assessed as cervicothoracic DRE Category II, resulting in 5% whole person impairment (WPI); right big toe fracture causally linked to the motor accident under principles of causation and classified as a non-threshold injury due to bony fracture; WPI assessed at 1% for loss of interphalangeal joint flexion; Held – injuries caused by the motor accident resulted in a combined 6% WPI; cervical spine injury classified as a threshold injury; toe fracture classified as a non-threshold injury; Medical Assessor’s findings partially revised.

Decision date: 9 January 2025 | Panel Members: Member Bridie Nolan, Dr Sophia Lahz, and Dr Michael Couch | Injury module: Spine, Lower Limb, and Nervous System

Allianz Australia Insurance Limited v Pettersen [2025] NSWPICMP 22

Motor Accident Injuries Act 2017; classification of injuries and treatment disputes; claimant involved in a rear-end collision resulting in cervical spine soft tissue injury, lumbar spine L5/S1 disc pathology, and left leg radicular symptoms; cervical spine classified as a threshold injury; lumbar spine and left leg symptoms classified as non-threshold injuries due to partial rupture of fibrocartilage; dispute over the reasonableness and necessity of proposed treatments; lumbar spine surgery deemed not reasonable or necessary due to claimant’s psychological risks; pain education seminar and physiotherapy sessions found reasonable and necessary to address chronic pain and functional limitations; Held – cervical spine injury is a threshold injury; lumbar spine and left leg injuries are non-threshold; selected treatments approved as reasonable and necessary.

Decision date: 9 January 2025 | Panel Members: Member Bridie Nolan, Dr David Gorman, and Dr Christopher Oates | Injury module: Spine and Lower Limb

AAI Limited t/as AAMI v Nasr [2025] NSWPICMP 23

Motor Accident Injuries Act 2017; assessment of treatment and care; claimant involved in a side-impact motor vehicle collision resulting in lumbar spine injury and delayed reporting of cervical spine symptoms; dispute over whether CT scans of the cervical and lumbar spine were reasonable and necessary and related to injuries caused by the accident; cervical spine symptoms first reported 14 months post-accident; CT scan findings of degenerative changes deemed unrelated to trauma; lumbar spine injury, including L4/5 annular tear and disc bulging with nerve root impingement, causally linked to the motor accident; delayed reporting of symptoms attributed to financial necessity and progressive symptom onset; lumbar spine CT scan found reasonable and necessary to guide ongoing treatment; Held – cervical spine CT scan not reasonable, necessary, or related to the motor accident; lumbar spine CT scan reasonable, necessary, and causally related to the motor accident.

Decision date: 9 January 2025 | Panel Members: Member Bridie Nolan, Dr Margaret Gibson, and Dr Michael Couch | Treatment Type: Radiological Investigations

Imer v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPICMP 24

Motor Accident Injuries Act 2017; threshold injury; causation; femur fracture; fracture left and right knee; the claimant suffered injury in a motor vehicle accident on 1 April 2022; following accident claimant able to mobilise including attending general practitioner (GP) and police station the following day; no complaint re left thigh to GP; no complaint to adult child following accident; at 11pm on 2 April 2022 claimant fell in hallway of her home; unable to stand; sustained left femur fracture; dispute as to whether fracture of femur caused by accident; Medical Assessor (MA) Home certified injuries to the cervical spine and both shoulders caused by the accident were soft tissue injuries and therefore threshold injuries; he certified the injury to the right knee, the left knee and the left thigh were not caused by the accident; application for review by claimant; Held – findings of MA Home agreed in respect of injuries to cervical spine and both shoulders; no contemporaneous complaint of injury to left thigh; not plausible for claimant to walk on displaced fracture of femoral shaft; implausible for GP to fail to identify fracture of femur; no evidence accident caused injury to claimant’s leg which caused it to give way resulting in fall and fractured femur; no evidence injury in accident which would lead claimant to sustain osteoporotic fracture; evidence of engineer not conclusive but persuasive where panel finds insufficient forces applied to lower limbs to cause fracture of femur; fracture of left femur not caused by accident; long-standing history of left and right knee pain; X-ray did not disclose fracture of either knee; claimant did not sustain fracture of either knee caused by the accident; certificate of MA Home affirmed.

Decision date: 10 January 2025 | Panel Members: Member Susan McTegg, Dr Ian Cameron, and Dr Margaret Gibson | Injury module: Spine, Upper Limb, and Lower Limb

Georgoudis v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPICMP 26

Motor Accident Injuries Act 2017; medical dispute as to permanent impairment; claimant the driver of a stationary vehicle struck in the rear; insurer denied statutory benefits beyond 26 weeks on the basis that all injuries are threshold; Medical Assessor Herald found 9% whole person impairment (WPI) for injuries to cervical spine, lumbar spine and left shoulder (range of motion); Review Panel found no dysmetria present in cervical spine at time of examination; Review Panel assessed left shoulder by analogy because of inconsistencies; Review Panel finds 2% WPI for the left shoulder; no matters of principle; certificate revoked.

Decision date: 13 January 2025 | Panel Members: Member Gary Victor Patterson, Dr Shane Moloney, and Dr Michael Couch | Injury module: Spine and Upper Limb

Rim v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPICMP 27

Motor Accident Injuries Act 2017; psychological injuries; review of Medical Assessment Certificate (MAC); claimant involved in a multi-car collision on the M4 motorway; pre-existing persistent depressive disorder with anxious distress from a 2020 workplace assault; dispute over whether motor accident aggravated pre-existing psychological condition or caused new psychological injury; claimant diagnosed with Adjustment Disorder with Anxiety caused by the motor accident; no evidence of material aggravation of pre-existing depressive disorder; Adjustment Disorder classified as a threshold injury; Held – motor accident caused Adjustment Disorder with Anxiety; pre-existing depressive disorder not aggravated by the motor accident; MAC revoked.

Decision date: 13 January 2025 | Panel Members: Member Bridie Nolan, Dr Christopher Canaris, and Dr Michael Hong | Injury module: Mental and Behavioural

Rahimi v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPICMP 31

Motor Accident Injuries Act 2017; physical injuries; review of Medical Assessment Certificate (MAC); whether permanent impairment exceeded the 10% statutory threshold; claimant involved in a motor accident causing neck pain, lower back pain, and radicular symptoms; pre-existing cervical and lumbar spine conditions considered; cervical spine assessed at Diagnosis-Related Estimate (DRE) Cervicothoracic Category II with 5% whole person impairment (WPI); bilateral shoulder stiffness attributed to trapezial muscle pain with 2% WPI for each shoulder; lumbar spine assessed at DRE Lumbosacral Category I with 0% WPI due to soft tissue injury without evidence of acute structural damage or radiculopathy; delayed onset of radicular symptoms noted but deemed unrelated to motor accident; claimant’s symptoms primarily linked to motor accident but exacerbated by degenerative conditions; combined impairment assessed at 9% WPI; Held – permanent impairment resulting from motor accident does not exceed the statutory threshold of 10%; MAC affirmed.

Decision date: 14 January 2025 | Panel Members: Member Bridie Nolan, Dr Drew Dixon, and Dr Leslie Barnsley | Injury module: Spine, Upper Limb, and Lower Limb

Workers Compensation Medical Appeal Panel Decisions

Scott v Secretary, Department of Education [2025] NSWPICMP 25

Psychiatric injury; challenge to three of the psychiatric impairment rating scale (PIRS) categories (social and recreational activities; concentration, persistence and pace, and employability); whether Medical Assessor considered relevant information; whether assessments under the PIRS were consistent with the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4th ed 1 March 2021; Held – MA applied incorrect criteria, Medical Assessment Certificate revoked.

Decision date: 10 January 2025 | Panel Members: Member Parnel McAdam, Dr Douglas Andrews, and Dr John Baker | Body system: Psychological/Psychiatric

Qantas Airways Ltd v Owers [2025] NSWPICMP 28

Employer appeal against 8% whole person impairment (WPI), being the non-lead Medical Assessor (MA) concerned with injury to the claimant’s cervical spine, scarring and nervous system; whether the MA was obliged to identify the documents which established injury to the cervical spine; whether the MA should have explained whether asymmetry of motion was associated with a right shoulder injury; Held – appeal misconceived and brought with an eye too keenly attuned to the perception of error; Skates v Hills Industries applied; Bojko v ICM Property Services Pty Ltd referred to.

Decision date: 13 January 2025 | Panel Members: Member John Wynyard, Dr James Bodel, and Dr Margaret Gibson | Body system: Cardiovascular System, Cervical Spine, Right Upper Extremity, Respiratory System, and Nervous System

Delaney v AAA NEXTT Group Pty Ltd [2025] NSWPICMP 29

Claim for psychological injury; the appellant complained in respect of several psychiatric impairment rating scale (PIRS) categories, that is: social and recreational activities; concentration, persistence and pace; employment. and not considering the effect of treatment; the Appeal Panel formed the view that the Medical Assessor (MA) had failed to provide adequate reasons for the assessment; whilst it is understood that the MA is not required to provide extensive detailed reasoning, it must be seen and observed by the reader that the actual path of reasoning is in sufficient detail to enable the Court to see whether the opinion does or does not involve any error of law; following re-examination, Medical Assessment Certificate revoked.

Decision date: 13 January 2025 | Panel Members: Senior Member Elizabeth Beilby, Dr Douglas Andrews, and Dr Michael Hong | Body system: Psychological/Psychiatric

Lord v State of New South Wales (Northern Sydney Local Health District) [2025] NSWPICMP 30

Appeal against 7% assessment for psychiatric injury; whether Medical Assessor (MA) miscalculated entitlement; whether assessment of no deficit in social and recreational activities erroneous; whether no deficit rating for travel erroneous; whether class 2 rating for concentration persistence and pace and class 4 rating for employability erroneous; Held – MA miscalculated entitlement; MA also failed to consider relevant facts in context for social and recreational category and for travel; rating increased to 2 in each case; no error in classification for concentration persistence and pace or employability; Medical Assessment Certificate revoked.

Decision date: 13 January 2025 | Panel Members: Member John Wynyard, Dr Michael Hong, and Professor Nicholas Glozier | Body system: Psychological/Psychiatric

This publication is for information only. The publication is not legal advice.  The information provided is not a substitute for reading the decisions. The Commission does not accept liability for the information in this publication or for way the information is used.

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