Legal Bulletin No. 232
This bulletin was issued on 10 October 2025
Issued 10 October 2025
Welcome to the two hundred and thirty second 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.
Motor Accidents non-Presidential Member Decisions
AAI Limited t/as GIO v CIM [2025] NSWPIC 498
Motor Accidents Compensation Act 1999; discretionary exemption pursuant to section 92 and rule 99 of the Personal Injury Commission Rules 2021 (PIC Rules); claimant is self-represented; claim involves a long history after the insurer lodging an application with the Commission; claimant makes varied and complex allegations in respect of her entitlements, validity of Commission medical assessments, and the conduct of the insurer; unusually large amount of material lodged by the claimant to date; difficulties directing the claimant to the various legislative provisions that govern her claim; Held – recommended that the claim is not suitable for assessment given the varied allegations made, the amount of material relied upon, difficulties in having the claimant directed to relevant legislation, and the anticipation that any hearing would be lengthy; court a more suitable forum, where proper examination and cross examination can take place, and with a power to compel witnesses; matter referred to Division Head; recommendation subsequently approved by the Division Head, as the President’s delegate.
Decision date: 12 August 2025 | Member: Elizabeth Medland
Lovelock v AAI Limited t/as GIO [2025] NSWPIC 500
Motor Accident Injuries Act 2017; discretionary exemption application made by claimant; claim not suitable for assessment at the Commission pursuant to section 7.34(1)(b); basis not suitable; complexity; necessity to subpoena a witness to give evidence as employer not permitting signed statement or appearance at Commission; insurer rejected basis; submitted other ways to adduce evidence; rule 99(3)(a) of the Personal Injury Commission Rules 2021 applied; Held – claim not suitable for assessment under section 7.34(1)(b); recommendation that claim be exempt from assessment; recommendation subsequently approved by the Division Head, as the President’s delegate.
Decision date: 25 August 2025 | Member: Shana Radnan
Tombek v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPIC 501
Motor Accident Injuries Act 2017; assessment of damages filed by the claimant; claimant’s legal representative filed a notice of ceasing to act; no evidence to support the claimant’s schedule of damages; the Commission made multiple attempts to contact the claimant including an attempt the morning of the conference; insurer submitted the application be dismissed; submission rejected as the member’s role is to assess damages; Held – no evidence to support the application for the assessment of damages; damages assessed in the sum of $0 pursuant to section 7.34.
Decision date: 11 September 2025 | Member: Elyse White
Hennessy v QBE Insurance (Australia) Limited [2025] NSWPIC 505
Motor Accident Injuries Act 2017; miscellaneous claims dispute; whether the claimant is mostly or wholly at fault pursuant to sections 3.11 and 3.28; claimant a pedestrian that was struck by an unidentified vehicle; claimant intending to cross the roadway (standing between two cars); the vehicle passed and the claimant was struck with the rear portion of the vehicle; Held – claimant mostly at fault; most likely on the evidence that the claimant stepped into the vehicle as it passed.
Decision date: 24 September 2025 | Member: Elizabeth Medland
Mamae v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPIC 506
Motor Accident Injuries Act 2017; miscellaneous claims assessment; delay in lodging statutory benefits claim; whether claimant provided a “full and satisfactory explanation” under section 6.13(3); claimant involved in a motor vehicle accident on 31 January 2024; claim received by insurer on 1 November 2024; explanation attributed delay to medical and psychological issues, difficulty obtaining a certificate of capacity, and lack of scheme awareness; prior CTP claim in 2009 not disclosed; absence of detail as to solicitor-led efforts between May and September 2024; medical evidence supported psychological sequelae but explanation found incomplete and insufficient; Held – claimant failed to provide a full and satisfactory explanation for the delay; insurer entitled to refuse payment of statutory benefits under Schedule 2, clause 3(h) and 3(k).
Decision date: 25 September 2025 | Member: Bridie Nolan
Kahraman v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPIC 512
Motor Accident Injuries Act 2017; miscellaneous claims assessment; statutory benefits after 52-weeks; whether motor accident was caused wholly or mostly by the fault of the injured person under sections 3.11 and 3.28; low-speed collision in a shopping centre carpark; both parties reversing simultaneously into adjacent bays; insured claimed to be stationary at time of impact; claimant asserted he checked for vehicles and was struck unexpectedly; reversing sensors on insured’s vehicle activated immediately prior to impact; physical damage consistent with both vehicles in motion; no CCTV or independent witnesses; insurer failed to establish that the claimant did not maintain a proper lookout or that the accident was caused wholly or mostly by the claimant’s fault; Held – insurer did not discharge burden of proof; claimant not wholly or mostly at fault; statutory benefits to continue beyond 52-weeks.
Decision date: 26 September 2025 | Member: Bridie Nolan
Allianz Australia Insurance Limited v Godfrey [2025] NSWPIC 514
Motor Accident Injuries Act 2017; settlement approval under section 6.23; self-represented claimant who suffered injury as a pedestrian; walked into the path of a bus at a pedestrian crossing against traffic signal; CCTV footage of accident; contributory negligence; claimant a forklift driver who lost employment due to accident injuries including a broken humerus; subsequent unrelated leg injury; now employed on a labour hire arrangement difficulty obtaining full time employment; claimant currently aged 30-years; initial proposed settlement deemed as not fair and reasonable; Held –revised settlement agreement approved in the amount of $86,731.60 which includes a deduction of 70% for contributory negligence.
Decision date: 29 September 2025 | Member: Elizabeth Medland
Prasad v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPIC 515
Motor Accident Injuries Act 2017; miscellaneous claims assessment; reinstatement of damages claim; insurer issued direction under section 6.26(1) requiring claimant to provide particulars within three months; claimant failed to comply within time; insurer asserted claim taken to have been withdrawn under section 6.26(3); claimant applied for reinstatement under section 6.26(4) relying on catastrophic injury and solicitor default; claimant provided full account of her conduct and reliance on solicitors to manage procedural obligations; medical evidence confirmed profound functional limitations; explanation both full and satisfactory within meaning of section 6.26(6); Held – claim deemed withdrawn; reinstatement granted.
Decision date: 29 September 2025 | Member: Bridie Nolan
Al Semary v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPIC 521
Motor Accident Injuries Act 2017; miscellaneous claims assessment; single-vehicle collision; whether accident was caused wholly or mostly by the fault of the injured person under sections 3.11 and 3.28; claimant swerved to avoid two rabbits while driving in a semi-rural area, lost control, and collided with a tree; insurer alleged claimant failed to take reasonable care by not braking and was wholly at fault; claimant argued evasive action was instinctive and road surface contributed to loss of control; “agony of the moment” principle considered; no evidence of speeding, distraction, impairment, or mechanical failure; no charges laid by police; Held – claimant’s conduct did not amount to a substantial departure from reasonable care; accident not caused wholly or mostly by claimant’s fault; statutory benefits to continue beyond 52-weeks.
Decision date: 30 September 2025 | Member: Bridie Nolan
Workers Compensation non-Presidential Member Decisions
Cant v Trabor Pty Ltd ATF Trabour Unit Trust t/as JTS Automotive Repairs [2025] NSWPIC 502
Workers Compensation Act 1987; claim for permanent impairment lump sum compensation pursuant to section 66; whether the applicant was a “worker” of the respondent pursuant to section 4; whether the applicant’s employment with the respondent ceased on or about 30 June 2007; whether the respondent was the last employer with whom the applicant was employed and to which the nature of the applicant’s hearing loss was due pursuant to section 17(c)(ii); whether the applicant sustained injury, being bilateral hearing loss pursuant to section 4(b)(i); Held – the applicant was a “worker” of the respondent pursuant to section 4; the applicant’s employment with the respondent ceased on or about 30 June 2007; the respondent was the last employer with whom the applicant was employed and to which the nature of the applicant’s hearing loss was due pursuant to section 17(c)(ii); the applicant sustained injury, being bilateral hearing loss pursuant to section 4(b)(i); matter remitted to the President to be referred to a Medical Assessor for assessment of whole person impairment.
Decision date: 15 September 2025 | Member: Karen Garner
Fenech v Aldi Stores (A Limited Partnership) [2025] NSWPIC 503
Workers Compensation Act 1987; section 60; consequential condition; material contribution; State of New South Wales v Bishop, and Kooragang Cement Pty Ltd v Bates, Moon v Conmah Pty Limited cited and applied; Held – the accepted work injury has not made a material contribution to the applicant’s weight gain; the applicant has not sustained a consequential condition in the form of weight gain; there is an award for the respondent in respect to the consequential condition of weight gain; there is an award for the respondent in respect to the claim pursuant to section 60 for the costs of and incidental to the claimed bariatric surgery in the form of gastric bypass.
Decision date: 24 September 2025 | Member: John Turner
Lott v State of New South Wales (NSW Police Force) [2025] NSWPIC 504
Workers Compensation Act 1987; claim for the respondent to pay for the cost of a four wheel drive wheelchair (or ‘mobility scooter’) and portable ramp for that scooter as a result of injury to both feet in the course of employment as a police officer; review of medical evidence regarding consideration the extent of the pain experienced and complained of by the worker; consideration of Rose v Health Commission (NSW), and Diab v NRMA Ltd; Held – the mobility scooter and portable ramp for that scooter are reasonably necessary as a result of the injury sustained by the worker.
Decision date: 24 September 2025 | Member: John Isaksen
Stojanovski v Toll Transport Pty Ltd [2025] NSWPIC 508
Workers Compensation Act 1987; claim for psychological injury caused by employer’s attempts to offer suitable alternative duties when claimant’s usual occupation ceased though the cancellation of the contract he was working under; whether injury wholly or predominantly caused by actions of the employer; whether employer’s actions as to transfer, dismissal or retrenchment reasonable; Held –injury wholly or predominantly caused by employer actions; claimant expert psychiatrist opinion unsubstantiated by evidence; Qannadian v Bartter Enterprises Pty Ltd referred to and applied; relevant actions of employer reasonable; Colin Joss & Co Pty Limited v Williams, and Northern NSW Local Health Network v Heggie considered and applied; award respondent.
Decision date: 25 September 2025 | Member: John Wynyard
Evry v Linda Coulstock as the Tutor for Indiana Storm Evry & Anor [2025] NSWPIC 510
Workers Compensation Act 1987; death claim; determination of dependency, apportionment, payment of death benefit, and interest and management fee; TNT Group 4 Pty Limited v Halioris, Kaur v Thales Underwater Systems Pty Ltd, and Wratten v Kirkpatrick & Ors discussed and applied; Held – death benefit and agreed interest apportioned and orders for payment.
Decision date: 26 September 2025 | Principal Member: Glenn Capel
Hall v Opal Healthcare [2025] NSWPIC 516
Workers Compensation Act 1987; reasonably necessary; material contribution; incapacity; no current work capacity and suitable employment; sections 4, 32A, 33, 37, 60, and Schedule 3 of clause 9 referred to; Kooragang Cement Pty Ltd v Bates, Briginshaw v Briginshaw, Murphy v Allity Management Services Pty Ltd, Rose v Health Commission (NSW), Elliot v Franklins Pty Limited, Bartolo v Western Sydney Area Health Service, Diab v NRMA Limited, and Wollongong Nursing Home Pty Ltd v Dewar applied; Held – the applicant did not sustain injury to his right hip, neck and lower back as alleged; there is an award for the respondent in respect to injury to the right hip, neck and lower back; the right shoulder replacement surgery is reasonably necessary as a result of the injury sustained at work; pursuant to section 60 the respondent is to pay the costs of and associated with right shoulder replacement surgery; the applicant has had no current work capacity and continues to have no current work capacity; the respondent is to pay the applicant pursuant to section 37.
Decision date: 29 September 2025 | Member: John Turner
Hudson v Toll Holdings Ltd [2025] NSWPIC 517
Workers Compensation Act 1987; claim for proposed lumbar spine surgery; dispute whether surgery was reasonably necessary as a result of the accepted injuries; Kooragang Cement Pty Ltd v Bates, Rose v Health Commission (NSW), Bartolo v Western Sydney Area Health Service, and Diab v NRMA Ltd discussed and applied; Held – surgery was reasonably necessary as a result of injuries; respondent to pay for proposed surgery pursuant to section 60.
Decision date: 29 September 2025 | Member: Diana Benk
Pelekanos v Loreto Kirribilli Ltd [2025] NSWPIC 518
Workers Compensation Act 1987; claim for incurred medical expenses and a re-credit of sick leave taken in respect of pericarditis resulting from COVID-19 booster vaccination; whether the applicant sustained a personal injury or disease injury in the course of employment; whether employment was a substantial contributing factor or the main contributing factor to the injury; Held – the pericarditis was sustained “in the course of employment”; Hatzimanolis v ANI Corporation Ltd; injury was both an injury simpliciter and a disease injury; Zickar v MGH Plastic Industries Pty; employment was a “substantial contributing factor” to the injury; the respondent established an expectation that its staff receive the booster; Badawi v Nexon Asia Pacific Pty Limited trading as Commander Australia Pty Limited; awards in favour of the applicant.
Decision date: 29 September 2025 | Member: Rachel Homan
Murray v Katz Pty Ltd [2025] NSWPIC 519
Workplace Injury Management and Workers Compensation Act 1998; claim for lump sum compensation for undisputed lower back injury in 2019 and anosmia condition arising from subsequent disputed consequential fall in 2021 said to result from earlier back injury; Kooragang Cement Ltd v Bates considered; Held – 2021 fall resulted from 2019 back injury; referred to Medical Assessor.
Decision date: 30 September 2025 | Member: Michael Wright
Woods v Shirdi Sai Om Pty Ltd [2025] NSWPIC 520
Workers Compensation Act 1987; claim for permanent impairment compensation; accepted injury to right knee and consequential condition of digestive system; respondent disputed consequential conditions of right knee and lumbar spine; scant records of general practitioner; no report from general practitioner; Kumar v Royal Comfort Bedding Pty Ltd, Kooragang Cement Pty Ltd v Bates, Nominal Defendant v Clancy, Davis v Council of the City of Wagga Wagga, King v Collins, and Nguyen v Cosmopolitan Homes considered; Held – award for respondent for claim for consequential condition of lumbar spine; matter remitted to President for referral to Medical Assessor for assessment of permanent impairment as a result of injury to right knee, digestive system, and left knee.
Decision date: 30 September 2025 | Senior Member: Kerry Haddock
Motor Accidents Medical Review Panel Decisions
Kvackovski v Allianz Australia Insurance Limited [2025] NSWPICMP 740
Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); treatment and care dispute; proposed surgery relates to left shoulder injury; pre-existing left shoulder injury; consideration of whether proposed surgery related to injury caused by the accident; Held – the accident did not make a material contribution to the need for the surgery; as the injury was not caused by the accident the proposed surgery is not reasonable and necessary in the circumstances; MAC confirmed.
Decision date: 25 September 2025 | Panel Members: Member Bianca Montgomery-Hribar, Dr Michael Couch, and Dr Tai-Tak Wan | Treatment Type: Surgery
Insurance Australia Limited t/as NRMA Insurance v Rababi [2025] NSWPICMP 744
Motor Accident Injuries Act 2017; threshold injury dispute; review of Medical Assessment Certificate (MAC); original Medical Assessor found skin abrasion and scarring of the right wrist to be a non-threshold injury; Review Panel noted claimant to have pre-existing Erbs Palsy since birth; at re-examination claimant alleged his Erbs Palsy was essentially asymptomatic at the time of the motor accident; Review Panel noted abrasion to right wrist could not have aggravated, exacerbated or accelerated pre-existing Erbs Palsy; documented complaints confined to a superficial abrasion injury which has healed with minimal scarring; nil neurological complaints of the right wrist or forearm; Review Panel re-examined and found loss of sensation at abrasion site identical to entire right forearm; Held – right wrist and subsequent scarring satisfied the definition under section 1.6(2) of soft tissue or threshold injury; Court of Appeal judgment in Allianz Australia Insurance Limited v Estate of the Late Summer Abawi applied; MAC revoked.
Decision date: 26 September 2025 | Panel Members: Member Jeremy Lum, Dr Paul Curtin, and Dr John Giles | Injury module: Facial Injury and Impairment
Teghlian v Allianz Australia Insurance Limited [2025] NSWPICMP 745
Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); assessment of threshold injury; Medical Assessor (MA) diagnosed adjustment disorder caused by the accident (threshold injury); claimant’s application for review under section 7.26; previous diagnoses of post-traumatic stress disorder considered; claimant examined by MA’s of Review Panel; Held – diagnosis of adjustment disorder; psychological injury caused by accident; threshold injury; post-traumatic stress disorder considered and Review Panel not satisfied DSM-5-TR criterion have been met at any stage post-accident; MAC confirmed.
Decision date: 26 September 2025 | Panel Members: Member Bianca Montgomery-Hribar, Dr Wayne Mason, and Dr Steven Yeates | Injury module: Mental and Behavioural
QBE Insurance (Australia) Limited v Hawkins [2025] NSWPICMP 746
Motor Accident Injuries Act 2017; claimant injured in a motor accident; medical dispute; review under section 7.26 about whether the motor accident caused whole person impairment (WPI) greater than 10%; Medical Assessor found accident caused all referred injuries with permanent impairment greater than 10%; insurer alleged error; Review Panel re-examined claimant; Held – Mandoukos v Allianz Australia Insurance Limited considered re right shoulder; claimant reassessed at 9% WPI; different outcome for body parts; previous certificate revoked.
Decision date: 29 September 2025 | Panel Members: Member Terence O’Riain, Dr Les Barnsley, and Dr Mohammed Assem | Injury module: Spine, and Upper Limb
QBE Insurance (Australia) Limited v Kong [2025] NSWPICMP 751
Motor Accident Injuries Act 2017; assessment of threshold psychological injury under section 1.6(3); claimant suffered injury in a motor vehicle accident on 7 November 2019; psychological conditions existing since 2017 accident; Medical Assessor found the 2019 accident aggravated psychological injury; insurer sought review; Held – claimant had recovered from 2017 accident psychological condition; sustained phobia of driving from 2019 accident; certificate revoked; not a threshold injury.
Decision date: 30 September 2025 | Panel Members: Member Terence O’Riain, Dr Paul Friend, and Dr Alan Doris | Injury module: Mental and Behavioural
Mekhici-Benabbad v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPICMP 752
Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); claimant was slowing to make a right-hand turn when a truck collided with the rear of her vehicle; claimant alleged injuries to her neck, back, bilateral shoulders, and right knee; original Medical Assessor did not accept causation for the bilateral shoulders or right knee; impairment to the neck and back assessed at 0% whole person impairment (WPI); Review Panel requested additional primary information in the form of ambulance report, hospital notes, and GP records; failure by parties to comply with Review Panel’s directions; Review Panel did not accept causation for right knee as the claimant had pre-existing symptoms; other musculoskeletal injuries accepted on the basis of mention in the GP certificate of capacity dated three months after the accident; Held – neck and back assessed as symptoms only with no objective signs at 0% WPI; bilateral shoulders assessed with loss of range of motion at 5% WPI; MAC revoked; new certificate issued.
Decision date: 1 October 2025 | Panel Members: Member Jeremy Lum, Dr Mohammed Assem, and Dr Shane Moloney | Injury module: Spine, Upper Limb, and Lower Limb
Workers Compensation Medical Appeal Panel Decisions
Conroy v Secretary, Department of Education [2025] NSWPICMP 741
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); psychological injury; appellant worker alleged assessment on the basis of incorrect criteria and demonstrable error in the making of an assessment under one of the psychiatric impairment rating scale (PIRS) categories as well as error in the making of a one-tenth deduction under section 323; Appeal Panel found no error in the assessment of social function at a class 2 mild impairment; Appeal Panel found error in the making of a deduction under section 323 as there was no evidence of a pre-existing condition only situational stress; MAC revoked.
Decision date: 25 September 2025 | Panel Members: Member Jane Peacock, Professor Nicholas Glozier, and Dr Douglas Andrews | Body system: Psychological/Psychiatric
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); admission of fresh evidence; availability of additional relevant information; whether demonstrable error or incorrect application of criteria; where AVL connection failed during medical examination and appellant not asked if he wished to clarify his answers or add information; fresh evidence indicated that history recorded in the MAC was incomplete or inaccurate in several aspects; Held – there was a material denial of procedural fairness in the manner in which the medical examination was conducted; re-examination required; Appeal Panel formed different view with regard to two psychiatric impairment rating scale (PIRS) categories, deduction for proportion of impairment due to pre-existing condition, and uplift for treatment effect; MAC revoked.
Decision date: 25 September 2025 | Panel Members: Member Rachel Homan, Dr Douglas Andrews, and Dr Michael Hong | Body system: Psychological/Psychiatric
Borg v Downer EDI Works Pty Ltd [2025] NSWPICMP 743
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); assessment of psychological injury under the psychiatric impairment rating scale (PIRS); appeal with respect to self care and personal hygiene, social functioning, and concentration, persistence and pace; Jenkins v Ambulance Service of NSW, Tasevski v Westpac Banking Corporation, Chalkias v New South Wales, and Tradieh v LM Hayter & Sons Pty Limited considered; Held – MAC revoked.
Decision date: 26 September 2025 | Panel Members: Member Catherine McDonald, Dr Douglas Andrews, and Professor Nicholas Glozier | Body system: Psychological/Psychiatric
Lee v Australian Turf Club Ltd [2025] NSWPICMP 747
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); appeal; medical assessment; assessment of psychiatric impairment rating scale (PIRS); Held – demonstrable error in respect of the PIRS for concentration, persistence and pace, and employability; Appeal Panel assesses class 2 and 3 impairment respectively; resulting whole person impairment (WPI) of 7% the same as originally assessed; no utility in revoking the MAC; MAC confirmed.
Decision date: 29 September 2025 | Panel Members: Member Richard Perrignon, Dr Douglas Andrews, and Dr Michael Hong | Body system: Psychological/Psychiatric
Andrews v Aligned Community Care Pty Ltd [2025] NSWPICMP 748
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); appeal from 8% assessment for psychological injury; whether error made in psychiatric impairment rating scale (PIRS) categories of social and recreational activity and/or concentration, persistence and pace; whether Table 11.2 of the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4th ed 1 March 2021 (the Guidelines) descriptors limited to activities outside the home and with other participants; whether reasoning adequate with regard to Table 11.5 of the Guidelines; Held – social and recreational activities include solitary activities such as dog walking and home based activities such as gardening; Botha v Secretary, NSW Department of Customs Service, and Diaz v Sydney International Container Terminals Pty Ltd considered and relied on; submissions regarding concentration, persistence and pace assumed a class 2 rating (when a class 3 rating given in the MAC); a higher class 4 rating not available on the facts; MAC confirmed.
Decision date: 29 September 2025 | Panel Members: Member John Wynyard, Professor Nicholas Glozier, and Dr Douglas Andrews | Body system: Psychological/Psychiatric
Busutel v Coastal Shipwright Services Pty Ltd [2025] NSWPICMP 749
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); injury to right and left upper extremities and cervical spine; claim for permanent impairment; Medical Assessor (MA) assessed DRE Category I (0% whole person impairment (WPI)) for the cervical spine and 6% WPI for each upper extremity; appeal only concerned the cervical spine assessment; complaint on appeal concerned the MA’s failure to find non-verifiable radiculopathy; Held – Appeal Panel found no error as the MA exercised his clinical judgment which he applied to his physical findings on the day of examination; MAC confirmed.
Decision date: 30 September 2025 | Panel Members: Member Jane Peacock, Dr Drew Dixon, and Dr Todd Gothelf | Body system: Cervical Spine, Right Upper Extremity, and Left Upper Extremity
Sydney Trains v Marshall [2025] NSWPICMP 753
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); psychological injury; appeal with respect to three tables of the psychiatric impairment rating scale (PIRS); Held – with respect to self-care and personal hygiene the history in the file showed that weight loss was intentional and not a result of the injury; no error with respect to assessment of travel and no error in not making a section 323 deduction; Cole v Wenaline Pty Ltd, and Vitaz v Westform (NSW) Pty Ltd; MAC revoked.
Decision date: 3 October 2025 | Panel Members: Member Catherine McDonald, Professor Nicholas Glozier, and Dr Michael Hong | Body system: Psychological/Psychiatric
Motor Accidents Merit Review Decision
Faiz v QBE Insurance (Australia) Limited [2025] NSWPICMR 29
Motor Accident Injuries Act 2017; merit review; dispute about payment of weekly benefits under Division 3.3; pre-accident weekly earnings (PAWE); meaning of PAWE; Schedule 1, clause 4(1), clause 4(2)(b) and clause 4(3); significant change in earning circumstances; onus of proof; inconsistencies in evidence; incomplete evidence; outstanding documents; where evidence of earnings not reconcilable; GST; superannuation; business expenses; Held – the reviewable decision is affirmed.
Decision date: 29 September 2025 | Merit Reviewer: Katherine Ruschen
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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