Legal Bulletin No. 226
This bulletin was issued on 29 August 2025
Issued 29 August 2025
Welcome to the two hundred and twenty sixth 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 Li [2025] NSWPIC 401
Motor Accident Injuries Act 2017; settlement approval; 80-year-old man crossing a busy six-lane road late afternoon in the middle of winter; insurer admitted liability alleging 60% contributory negligence; claimant retired for many years at date of accident; agreed entitlement to damages for non-economic loss only; Held – settlement approved under section 6.23(2)(b); $330,000 for non-economic loss reduced by 60% to the sum of $132,000; no statutory benefit paid; within the range of damages.
Decision date: 13 August 2025 | Member: Elyse White
CIC Allianz Insurance Limited v Kader [2025] NSWPIC 412
Motor Accident Injuries Act 2017; settlement approval; $115,200; past and future economic loss only; fixed period past; buffer for future intermittent periods of aggravation of symptoms; injuries to left elbow, hip, arm and knee determined by Medical Assessor as resolved; Held – settlement complied with clause 7.37 of the Motor Accident Injuries Guidelines version 9.3.
Decision date: 15 August 2025 | Member: Shana Radnan
Chappell v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPIC 419
Motor Accident Injuries Act 2017; damages; liability admitted for accident; physical and psychiatric/psychological injuries; claim for non-economic loss; past and future economic loss; joint medico-legal examinations; history of consistent labour at one employer for 26 years; seasonal work; enthusiastic application to rehabilitation; loss of partial use of upper left extremity and continuing psychological pain; returned to work after accident albeit with reduced physical abilities; claimant has reduced tolerance for high pressure previous roles leading to impulsive resignation; continuing reduced earning capacity although no past economic loss; consideration and application of section 4.7; Held – claimant is witness of credit; no in demand skills and experience outside of current employment; chance to return to work at previous employer; residual earning capacity cannot be practicably exercised outside of similar employment; non-economic loss; nil past economic loss; future economic loss buffer; costs and disbursements assessed.
Decision date: 19 August 2025 | Member: Terence O’Riain
CMB v QBE Insurance (Australia) Limited [2025] NSWPIC 420
Motor Accident Injuries Act 2017; miscellaneous claims assessment; whether claimant wholly or mostly at fault; sections 3.11 and 3.28; claimant sustained injury when his vehicle veered off the road and collided with a telegraph pole which fell; claimant left the scene; claimant did not seek medical attention; Held – claimant’s evidence unreliable; claimant suffering from legal incapacity; claimant’s version of events not borne out by CCTV footage; evidence of witness two years after the accident as to unidentified vehicle exiting driveway causing claimant to swerve and lose control unreliable where witness conceded he was not sure what he saw and where not consistent with CCTV footage; claimant driving at excessive speed; as per AAI Limited t/as GIO v Evic claimant failed to take reasonable care in not controlling speed and direction of his vehicle; claimant not wholly at fault where no finding of 100% contributory negligence but contributory negligence greater than 61%; claimant mostly at fault.
Decision date: 19 August 2025 | Senior Member: Susan McTegg
Workers Compensation non-Presidential Member Decisions
Ahmadi v New Evolution Ventures Australia Pty Ltd [2025] NSWPIC 402
Workers Compensation Act 1987; claim for weekly benefits and medical treatment; accepted psychological injury; respondent conceded applicant had no work capacity; respondent relied on section 11A defence; action as to retrenchment/dismissal; after matter had proceeded to hearing and decision reserved respondent sought to re-open and adduce further evidence as to reasonableness of its action; opposed by applicant; Davis v Council of the City of Wagga Wagga, Mason v Demasi, Pirie v Franklins Ltd, Department of Education and Training v Sinclair, Ponnan v George Weston Foods Ltd, Temelkov v Kemblawarra Portuguese Sports & Social Club Ltd, Hamad v Q Catering Limited, Irwin v Director General of Education, Northern New South Wales Local Health Network v Heggie, and Personal Injury Commission Act 2020 considered; Held – application to re-open refused; applicant’s injury predominantly caused by respondent’s action with respect to retrenchment; respondent’s action not reasonable; award for applicant of weekly benefits and medical expenses.
Decision date: 13 August 2025 | Senior Member: Kerry Haddock
Makdessi v Millennium Security Specialist Services Pty Ltd [2025] NSWPIC 403
Workers Compensation Act 1987; entitlement to weekly compensation; whether applicant has no current capacity for any employment or an ability to work in suitable employment; sections 36, 37, 32A, and Schedule 3, clause 9 applied; Held – the applicant has no current capacity for any employment; the respondent is to pay the applicant weekly compensation pursuant to sections 36(1) and 37(1).
Decision date: 13 August 2025 | Member: Josephine Bamber
Nabbe v Skilled Workforce Solutions (NSW) Pty Ltd [2025] NSWPIC 404
Workers Compensation Act 1987; consequential condition; claim for permanent impairment compensation; whether applicant suffered a consequential cervical spine condition as a result of an accepted right shoulder injury; Held – the existence of a consequential condition is a question of causation and must be determined after a commonsense evaluation of the causal chain; Kooragang Cement Pty Ltd v Bates followed; an injured worker need not establish the presence of pathological change consistent with a section 4 injury in order to establish a consequential condition; Kumar v Royal Comfort Bedding Pty Ltd, Moon v Conmah Pty Ltd, and Australian traineeship System v Turner referred to; award for the respondent on the claimed consequential condition; as the impairment in relation to the accepted right shoulder injury does not exceed the relevant section 66 threshold there will be an award for the respondent on the claim for permanent impairment compensation.
Decision date: 13 August 2025 | Member: Cameron Burge
Foldi v TJ & RF Fordham Pty Ltd [2025] NSWPIC 406
Workers Compensation Act 1987; whether applicant suffered injury to the cervical spine; accepted injury to the left shoulder; multiple forensic medical reports filed by both parties; additional reports considered for purposes of history only; inconsistent histories given; no record of symptoms reported to treating general practitioner; Held – award for the respondent.
Decision date: 13 August 2025 | Member: Parnel McAdam
Shepherd v Gerabindi Pty Ltd As Trustee for the Pendee Family Trust [2025] NSWPIC 409
Workers Compensation Act 1987; section 60; consequential condition; Trustees of the Roman Catholic Church for the Diocese of Parramatta v Brennan, Moon v Conmah Pty Limited, Watson’s Culcairn Hotel Pty Ltd v Dwyer, Kooragang Cement Pty Ltd v Bates, Briginshaw v Briginshaw, and Murphy v Allity Management Services Pty Ltd cited and applied; Held – that the applicant sustained a consequential condition of the right knee as a result of the accepted injury to the left knee; the respondent to pay pursuant to section 60 the costs of and associated with total right knee replacement surgery.
Decision date: 15 August 2025 | Member: John Turner
Bin Hassan v ComfortDelGro Corporation Australia Pty Ltd [2025] NSWPIC 410
Workers Compensation Act 1987; claim for weekly compensation and medical expenses; whether applicant suffered a work injury to his cervical spine in the nature of an aggravation to an underlying disease process; applicant worked as a bus driver for the respondent for several years; applicant alleges his duties in the course of that employment caused an aggravation to underlying degenerative changes in his cervical spine leading to incapacity for employment and necessitating proposed cervical spine surgery; applicant’s claim was disputed on the basis he had not suffered a work injury and the proposed surgery was said not to be reasonably necessary; Held – applicant suffered an aggravation to an underlying disease process in his cervical spine to which his employment was the main contributing factor; the proposed spinal surgery is reasonably necessary as a result of the applicant’s injury; the respondent is to pay the costs of and incidental to the proposed surgery.
Decision date: 15 August 2025 | Member: Cameron Burge
Singh v ComfortDelGro Australia [2025] NSWPIC 411
Workers Compensation Act 1987; claim for costs of arthroscopy to right knee; applicant relied on section 4(b)(ii); injury and reasonable necessity of treatment disputed; applicant sustained non work-related injury to right knee approximately six months before pleaded injury; applicant did not refer to earlier injury in statement evidence or provide history of the injury to treating specialist or independent medical examiners; respondent submitted applicant’s credit in issue; consideration of Federal Broom Co Pty Ltd v Semlitch, Cant v Catholic Schools Office, AV v AW, and Diab v NRMA Ltd; Held – applicant sustained injury as result of aggravation, acceleration, exacerbation or deterioration of disease; surgery reasonably necessary as result of injury; respondent to pay costs of and incidental to surgery.
Decision date: 15 August 2025 | Senior Member: Kerry Haddock
Rush v Our Lady of Consolation Aged Care & Services Ltd [2025] NSWPIC 414
Workers Compensation Act 1987; whether applicant had sustained a consequential condition in her left arm and shoulder as a result of her agreed right shoulder injury; whether applicant had no current capacity for work or capacity for suitable work; whether applicant has satisfied the requirements of section 38; Held – award for the respondent as applicant had not discharged her onus of proof; applicant has no current capacity to work in period claimed under section 37; Wollongong Nursing Home Pty Ltd v Dewar applied; the applicant has an entitlement to compensation pursuant to sections 38 (1), 38(2), and 38(6).
Decision date: 18 August 2025 | Member: Josephine Bamber
Cespedes v State of NSW (Sydney Local Health District) [2025] NSWPIC 417
Workers Compensation Act 1987; claim for lump sum compensation for permanent impairment; whether the applicant sustained consequential left shoulder and/or cervical spine injuries as a result of accepted right shoulder injury; Held – the applicant sustained a consequential left shoulder injury; award for respondent for claimed consequential cervical spine injury; matter remitted to the President for referral to a Medical Assessor for assessment of whole person impairment resulting from right shoulder, left shoulder, and scarring.
Decision date: 19 August 2025 | Member: Fiona Seaton
Taylor v Australian Turf Club [2025] NSWPIC 418
Workers Compensation Act 1987; ‘injury’; section 4; claim for permanent impairment; fall at work undisputed; claim for frank injury to right shoulder and cervical spine; injury claim disputed; jurisdictional dispute on nature of claim; claim as made said to be defective; medical report submitted with claim refers to thoracic spine injury; section 43 of the Personal Injury Commission Act 2020 considered; Held – jurisdiction to deal with disputed claim found; right shoulder and cervical spine conditions determined to arise from work injury; remitted to President for referral to Medical Assessor in relation to assessment of whole person impairment for right shoulder and cervical spine conditions.
Decision date: 19 August 2025 | Member: Adam Halstead
Motor Accidents Medical Review Panel Decisions
Insurance Australia Limited t/as NRMA Insurance v Ullah [2025] NSWPICMP 609
Motor Accident Injuries Act 2017; review of medical assessment under section 7.26; whether permanent impairment resulting from accident caused psychological injury greater than 10%; Medical Assessor found post-traumatic stress disorder caused by the accident gave rise to a permanent impairment greater than 10%; impact of subsequent accident on impairment; State Government Insurance Commission v Oakley, and Slade v Insurance Australia Ltd t/as NRMA applied; Held – the accident caused a post-traumatic stress disorder and permanent impairment; subsequent accident made a material contribution to the worsening of the post-traumatic stress disorder; second category applies from State Government Insurance Commission v Oakley; accident gave rise to an 8% permanent impairment; certificate of assessment revoked; degree of permanent impairment as a result of the psychological injury not greater than 10%.
Decision date: 14 August 2025 | Panel Members: Senior Member Brett Williams, Dr Paul Friend, and Dr Surabhi Verma | Injury module: Mental and Behavioural
AAI Limited t/as GIO v Anderson [2025] NSWPICMP 610
Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); original Medical Assessor assessed 17% whole person impairment (WPI) due to an accident-related psychiatric diagnosis of persistent depressive disorder; allegations of pre-existing psychological conditions not evident in the evidence before the Review Panel; opportunity for insurer to obtain pre-accident documentation not taken; no denial of procedural fairness; Held – Review Panel re-examined and diagnosed accident-related major depressive disorder with impairment assessed at 17% WPI; change in diagnosis therefore MAC revoked.
Decision date: 14 August 2025 | Panel Members: Member Jeremy Lum, Dr Christopher Canaris, and Dr Himanshu Singh | Injury module: Mental and Behavioural
Cura v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPICMP 611
Motor Accident Injuries Act 2017; permanent impairment; review; Medical Assessor’s certificate assessed 9% whole person impairment; insured car struck the claimant’s e-bike; Commission referred upper and lower limb injuries with cervical and lumbar spine injury to assess; re-examination; claimant was cooperative and consistent; accident was capable of causing all referred injuries; 6% permanent impairment; different clinical findings; Held – different permanent impairment findings to original assessment; Review Panel revoked original Medical Assessment Certificate; permanent impairment not greater than 10%.
Decision date: 14 August 2025 | Panel Members: Member Terence O'Riain, Dr Margaret Gibson, and Dr Rhys Gray | Injury module: Spine, Upper Limb, and Lower Limb
Saba v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPICMP 612
Motor Accident Injuries Act 2017; assessment of threshold injury under section 1.6(3); claimant suffered injury in a motor vehicle accident; Medical Assessor (MA) found the claimant sustained an adjustment disorder with anxiety caused by the accident; a threshold injury; claimant sought review; Held – claimant had sustained an adjustment disorder with mixed anxiety and depressed mood of chronic nature caused by the accident; certificate of MA revoked; adjustment disorder with mixed anxiety and depressed mood of chronic nature is a threshold injury.
Decision date: 14 August 2025 | Panel Members: Senior Member Susan McTegg, Dr John Baker, and Dr Himanshu Singh | Injury module: Mental and Behavioural
Ali v AAI Limited t/as GIO [2025] NSWPICMP 613
Motor Accidents Compensation Act 1999; review of Medical Assessment Certificate (MAC); original Medical Assessor declined to make any psychiatric diagnosis after finding the claimant’s presentation to be inconsistent, unusual and inauthentic; Review Panel noted the claimant’s age (18 years) and while the given history was vague at times there was sufficient consistency to arrive at a diagnosis and for impairment to be evaluated; Held – Review Panel diagnosed a persistent depressive disorder caused by the motor accident; whole person impairment was assessed at 7% which is not greater than 10%; MAC revoked.
Decision date: 15 August 2025 | Panel Members: Member Jeremy Lum, Dr Douglas Andrews, and Dr Michael Hong | Injury module: Mental and Behavioural
QBE Insurance (Australia) Limited v Matti [2025] NSWPICMP 616
Motor Accident Injuries Act 2017; assessment of threshold injury; claimant stopped her car before the traffic lights turned red; insured utility vehicle travelling behind her did not stop which resulted in the insured vehicle colliding with the right rear end of the claimant’s car; claimant suffered injuries to her neck, right shoulder, lower back, and both knees as well as psychological sequalae including depression and insomnia; Medical Assessor found accident caused post-traumatic stress disorder (PTSD) and major depressive disorder which is not a threshold injury; Held – Review Panel found aggravation of major depressive disorder with anxious distress which is not a threshold injury; Review Panel found that aggravation of PTSD has ceased; certificate revoked.
Decision date: 18 August 2025 | Panel Members: Member Gary Victor Patterson, Dr Surabhi Verma, and Dr Ankur Gupta | Injury module: Mental and Behavioural
Frith v QBE Insurance (Australia) Limited [2025] NSWPICMP 617
Motor Accident Injuries Act 2017; review of threshold injury decision of Medical Assessor (MA); the claimant suffered psychiatric disability in an accident following serious collision; damage to her car; claimant forced to change job locations to avoid driving where the accident occurred; claimant was able to view the imminent high speed impact and feared for her life; Held – Review Panel satisfied that the claimant met criterion A for post-traumatic stress disorder and satisfies the remaining criteria in DSM-5-TR; certificate and reasons of MA revoked.
Decision date: 18 August 2025 | Panel Members: Member Alexander Bolton, Dr John Baker, and Dr Steven Yeates | Injury module: Mental and Behavioural
Allianz Australia Insurance Limited v Sourenian [2025] NSWPICMP 618
Motor Accident Injuries Act 2017; whether the claimant’s psychiatric injuries arising out of a motor accident were threshold injuries; review of certificate and reasons of Medical Assessor (MA); claimant injured in a motor vehicle accident when driving a car and with her husband as a front seat passenger; T-bone accident; the MA diagnosed the claimant as having a non-threshold injury being post-traumatic stress disorder; Held – Review Panel considered several possible diagnoses but concluded that the claimant had suffered an adjustment disorder with mixed anxiety and depressed mood which is a threshold injury; certificate and reasons of MA revoked.
Decision date: 18 August 2025 | Panel Members: Member Alexander Bolton, Dr John Baker, and Dr Steven Yeates | Injury module: Mental and Behavioural
Allianz Australia Insurance Limited v Drame [2025] NSWPICMP 620
Motor Accident Injuries Act 2017; insurer’s review of Medical Assessment Certificate (MAC) of whole person impairment (WPI) under section 7.26; psychiatric injury; original finding of post-traumatic stress disorder, persistent depressive disorder, and 26% WPI; issue of reliability of claimant’s evidence, and degree of impairment for various areas of function; Held – Medical Assessors diagnosed a panic disorder; assessed psychiatric impairment only with no contribution from physical in accordance with clauses 6.214 and 6.215 of the Motor Accident Guidelines; WPI 6%; MAC revoked; no issue of principle.
Decision date: 19 August 2025 | Panel Members: Member Belinda Cassidy, Dr Wayne Mason, and Dr Alan Doris | Injury module: Mental and Behavioural
Dagli v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPICMP 621
Motor Accident Injuries Act 2017; review by claimant of certificate and reasons of Medical Assessor (MA) who diagnosed the claimant as having a major depressive disorder and a substance use disorder; assessed whole person impairment (WPI) at 7%; claim arose out of the death of the claimant’s daughter in a motor vehicle accident; claimant had pre-existing psychiatric condition but this was made worse by the subject events; claimant diagnosed as having major depressive disorder and substance use disorder arising out of the accident and 15% WPI; less 1% for pre-existing condition; total assessment of WPI of 14%; Held – certificate of MA revoked.
Decision date: 19 August 2025 | Panel Members: Member Alexander Bolton, Dr John Baker, and Dr Steven Yeates | Injury module: Mental and Behavioural
Insurance Australia Limited t/as NRMA Insurance v Omid [2025] NSWPICMP 624
Motor Accident Injuries Act 2017; review of medical assessment; whole person impairment (WPI); medical dispute; fracture of the pelvis; neurological examination; scarring assessment; soft tissue injury to lumbar spine; acetabular fracture; no displacement of right hip; Held – medical certificate revoked; 7% WPI.
Decision date: 20 August 2025 | Panel Members: Member Hugh Macken, Dr Shane Moloney, and Dr Mohammed Assem | Injury module: Spine, Lower Limb, and Skin
Semawy v Allianz Australia Insurance Limited [2025] NSWPICMP 625
Motor Accident Injuries Act 2017; assessment of permanent impairment; claimant was a front seat passenger; at-fault driver was travelling behind in the same lane at about 140 km/h; claimant’s vehicle hit a metal crash barrier; claimant was conveyed by ambulance to the hospital where she underwent diagnostic scans; claimant began to experience flashbacks and nightmares; claimant has been prescribed anti-depressant medication and has been under psychological treatment for the last five years; claimant was involved in a subsequent motor vehicle accident in October 2018 when her vehicle was struck on the left side by the at-fault vehicle which ran a red light (the second accident); Held – certificate revoked.
Decision date: 20 August 2025 | Panel Members: Member Gary Victor Patterson, Dr Gerald Chew, and Dr John Baker | Injury module: Mental and Behavioural
Semawy v Allianz Australia Insurance Limited (No. 2) [2025] NSWPICMP 626
Motor Accident Injuries Act 2017; assessment of permanent impairment; claimant was driving along South Terrace at Bankstown; vehicle approached from the left to turn right into North Terrace; driver of that vehicle ran a red light and struck the claimant’s vehicle on the left side at speed; claimant was involved in a previous motor accident in February 2018 when she and her children were passengers in a vehicle being driven by her husband travelling about 100 km/h as they entered the Freeway; at-fault driver was travelling behind in the same lane at approximately 140 km/h; Held – certificate revoked.
Decision date: 20 August 2025 | Panel Members: Member Gary Victor Patterson, Dr Gerald Chew, and Dr John Baker | Injury module: Mental and Behavioural
Nazer v Allianz Australia Insurance Limited [2025] NSWPICMP 627
Motor Accident Injuries Act 2017; assessment of whole person impairment (WPI); claimant suffered injury in a motor vehicle accident; Medical Assessor (MA) certified all injuries referred for assessment not caused by the accident; Held – certificate of MA revoked; claimant suffered major depressive disorder and somatic symptom disorder with predominant pain caused by the accident resulting in 8% WPI.
Decision date: 20 August 2025 | Panel Members: Senior Member Susan McTegg, Dr Gerald Chew, and Dr Steven Yeates | Injury module: Mental and Behavioural
Workers Compensation Medical Appeal Panel Decisions
Bielderman v Visy Glass Operations (Australia) Pty Ltd [2025] NSWPICMP 603
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); appeal by claimant from deduction of one-third pursuant to section 323; whether correct test applied by Medical Assessor (MA); whether all the evidence considered; whether scarring should have been assessed; Held – MA applied the wrong test being whether the knee replacement surgery had been to address a pre-existing constitutional pathology; Cole v Wenaline Pty Ltd considered and applied; observations made as to failure to plead case as a deemed injury and effect on the relevant date for assessing the degree of the pre-existing condition; Craigie v Faircloth & Reynolds Pty Ltd considered; MAC revoked and one-tenth deduction substituted; submissions sought as to absence of claim for scarring in the referral; employer agreed to amendment; claimant re-examined as to scarring; 0% scarring found; right lower extremity 14% found; WPI assessed at 14%.
Decision date: 12 August 2025 | Panel Members: Member John Wynyard, Dr Tommasino Mastroianni, and Dr James Bodel | Body system: Right Lower Extremity, and Skin (TEMSKI)
Brickworks Ltd v Wright as Executor of the Estate of the late Stewart Wright [2025] NSWPICMP 604
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC) of permanent impairment in relation to psychiatric and psychological disorders; whether the Medical Assessor (MA) erred in his finding of a 30% deduction to his assessment of permanent impairment in accordance with section 323; Held – error found in that the MA did not assess the deduction required by section 323 in accordance with clause 11.10 of theSIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4th ed 1 March 2021 (the Guidelines); Matheson v Baptistcare NSW & ACT, and Quintiliani-Johns v Secretary, Department of Education applied; Marks v Secretary, Department of Communities and Justice (No 2), and Secretary, Department of Communities and Justice v Lewandowski distinguished; State Government Insurance Commission v Oakley found not to be relevant; in accordance with Coca-Cola Europacific Partners API Pty Ltd v Pombinho Appeal Panel required both to re-assess the worker’s level of permanent impairment and to correctly utilise clause 11.10 of the Guidelines; permanent impairment assessed at 22% and 10% deduction found in accordance with section 323(2); MAC revoked; new MAC issued.
Decision date: 13 August 2025 | Panel Members: Member Gaius Whiffin, Professor Nicholas Glozier, and Dr John Lam-Po-Tang | Body system: Psychological/Psychiatric
Davey v Western Sydney University [2025] NSWPICMP 605
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); medical appeal; challenge to the assessment under the psychiatric impairment rating scales (PIRS); appellant sought to introduce fresh evidence; application rejected; re-examination by member of Appeal Panel; error in assessment of social and recreational activities; Held – MAC revoked.
Decision date: 13 August 2025 | Panel Members: Member Parnel McAdam, Professor Nicholas Glozier, and Dr Ash Takyar | Body system: Psychological/Psychiatric
Patterson v State of New South Wales (Western Sydney Local Health District) [2025] NSWPICMP 606
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); section 327(3); Medical Assessor (MA) fell into error in assessment of employability under psychiatric impairment rating scale (PIRS) where he had found appellant could not work at all; MA to assess impairment as at the date of the assessment; Held – MAC revoked.
Decision date: 13 August 2025 | Panel Members: Member Mitchell Strachan, Professor Nicholas Glozier, and Dr Michael Hong | Body system: Psychological/Psychiatric
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); both parties appealed MAC; appeal by claimant from psychological assessment of 19% whole person impairment (WPI); whether Medical Assessor (MA) erred in failing to apply additional WPI for the effects of treatment; whether MA erred in his assessment of the self-care and personal hygiene psychiatric impairment rating scale (PIRS) category by failing to take account of the relevant facts; whether MA erred in reducing travel category on account of irrelevant considerations; appeal by employer against failure by MA to apply section 323; claimant’s background of child abuse no more than a predisposition; no evidence of any symptomatic condition; Cullen v Woodbrae Holdings Pty Ltd, and Elcheikh v Diamond Formwork considered and applied; Held – appeal regarding effective treatment misconceived; self-care and personal hygiene category erroneously evaluated; travel category similarly erroneously evaluated; MAC revoked; employer appeal dismissed.
Decision date: 14 August 2025 | Panel Members: Member John Wynyard, Dr Doug Andrews, and Dr Michael Hong | Body system: Psychological/Psychiatric
Coleman v State of New South Wales (NSW Police Force) [2025] NSWPICMP 608
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); whether Medical Assessor (MA) provided adequate reasons; whether MA obtained correct history; whether MA’s ratings of appellant’s impairment in social and recreational activities, travel and social functioning correct; Held – MA provided adequate reasons, obtained correct history and correctly rated appellant’s impairment in all challenged psychiatric impairment rating scale (PIRS) categories; MAC confirmed.
Decision date: 14 August 2025 | Panel Members: Member Marshal Douglas, Dr Douglas Andrews, and Dr John Lam-Po-Tang | Body system: Psychological/Psychiatric
Coles Supermarkets Australia Pty Ltd v Sirijovski [2025] NSWPICMP 614
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); the appellant submits that the Medical Assessor erred in his assessment of three of the psychiatric impairment rating scale (PIRS) categories; Held – Appeal Panel found no errors; appellant’s submissions did no more than urge a competing assessment; MAC confirmed.
Decision date: 15 August 2025 | Panel Members: Member Deborah Moore, Professor Nicholas Glozier, and Dr Graham Blom | Body system: Psychological/Psychiatric
Robertson v D.J Ellis & D.W Ellis [2025] NSWPICMP 615
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); Medical Assessor (MA) fell into error in making deduction pursuant to section 323 for noise exposure outside of New South Wales after deemed date of injury; whether deduction was available to MA in any event; Schofield v Abigroup Limited, Mills v Conopus Corporation Australia Pty Ltd, and Miller v Tom Condon Stone Masonry considered and distinguished; Bain v Commissioner for Railways, A & G Engineering Pty Ltd v Civitarese, Russo v World Services and Construction, Rico Pty Ltd v Roads and Traffic Authority, Curran v Linfox Armaguard Pty Ltd, and Ventia Australia Pty Ltd v Mawson considered and applied; Held – no deduction for noise exposure outside of New South Wales after the deemed date of injury is available.
Decision date: 18 August 2025 | Panel Members: Member Mitchell Strachan, Dr Robert Payten, and Dr Thandavan Raj | Body system: Hearing Loss
Salvatucci v Westcast Pty Ltd [2025] NSWPICMP 622
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); assessment of scarring; application of criteria for assessment of TEMSKI; Medical Assessor failed to provide adequate reasons to explain conclusions reached under Table 14.1 of the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4th ed 1 March 2021 (the Guidelines); scars considered as a whole; clause 14.6 of the Guidelines does not supersede Table 14.1; Held – MAC revoked; scarring assessed at 1%.
Decision date: 19 August 2025 | Panel Members: Member Parnel McAdam, Dr Tommasino Mastroianni, and Dr Doron Sher | Body system: Left Upper Extremity, and Scarring (TEMSKI)
State of NSW (Nepean Blue Mountains Local Health District) v Kehal [2025] NSWPICMP 623
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); assessment of the right upper extremity; employer appealed submitting insufficient findings and inadequate reasons for relying on a range of motion (ROM) assessment to assess impairment in circumstances where the Medical Assessor (MA) should have found that the ROM was an unreliable measure; MA is entitled to rely on his clinical findings on the day of examination; Held – reasons given were adequate and the Appeal Panel did not find error; MAC confirmed.
Decision date: 19 August 2025 | Panel Members: Member Jane Peacock, Dr Doron Sher, and Dr Andrew Porteous | Body system: Right Upper Extremity
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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