Legal Bulletin No. 228
This bulletin was issued on 12 September 2025
Issued 12 September 2025
Welcome to the two hundred and twenty eighth 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 Decisions
Georges v Barnardos Australia [2025] NSWPICPD 61
Workers compensation; psychological injury; COVID-19 vaccine mandate; psychological injury wholly or predominantly caused by reasonable action taken by the employer in respect of discipline under section 11A of the 1987 Act; Martsoukos v Secretary, Department of Education [2024] NSWPICPD 85 distinguished; Held – the Certificate of Determination dated 6 March 2025 is confirmed.
Decision date: 1 September 2025 | Before: President Judge Phillips
Leuzzi v Primo Concrete Pty Ltd [2025] NSWPICPD 62
Workers compensation; section 352(5) of the Workplace Injury Management and Workers Compensation Act 1998; approach to be taken on appeal in respect of alleged errors of fact; State of New South Wales v Culhana [2025] NSWCA 157; Fox v Percy [2003] HCA 22; Warren v Coombes [1979] HCA 9 considered and applied; failure to refer to evidence may not always be indicative of error; Lu v Heinrich [2014] NSWCA 349 applied; failing to consider a point not raised does not constitute error of law; Brambles Industries Limited v Bell [2010] NSWCA 162 applied; where a party fails to provide appropriate assistance to the decision-maker in relation to the evidence; rule 67D of the Personal Injury Commission Rules 2021; Caruana v Darouti [2014] NSWCA 85 applied; Held – the Member’s Certificate of Determination dated 10 January 2025 is confirmed.
Decision date: 4 September 2025 | Before: Deputy President Elizabeth Wood
Motor Accidents non-Presidential Member Decisions
Johal v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPIC 434
Motor Accident Injuries Act 2017; claim for assessment of damages following motor vehicle accident; liability admitted by insurer; claimant suffered left shoulder fracture and rotator cuff tear; claimant residing in Australia at the time of the accident fast studying and with a student visa; claimant had not declared all of his income in income tax returns but sort to have this allowed anyway; Held – claimant not accepted as a witness of truth; claimant not entitled to an assessment of non-economic loss; claim for past and future economic loss only; claimant awarded $135,647 consisting of past economic loss of $62,932 and future economic loss of $72,715; insurer to have credit for weekly benefits paid or $54,542.
Decision date: 7 August 2025 | Member: Alexander Bolton
QBE Insurance (Australia) Limited v Costa [2025] NSWPIC 435
Motor Accident Injuries Act 2017; claim for damages; liability admitted; claimant unrepresented; section 6.23; settlement approval by Commission; non-threshold psychological injury and non-threshold physical injuries; claim for economic loss; threshold for non-economic loss not met; whether proposed settlement appropriate; whether proposed settlement understood by the claimant; Held – claimant wishes to return to work and does not intend on retiring; claimant unlikely to require future invasive or surgical treatment necessitating time off work; settlement within the range of likely potential damages assessment; settlement otherwise appropriate; settlement understood by claimant; settlement approved in the sum of $45,000.
Decision date: 27 August 2025 | Member: Bianca Montgomery-Hribar
Palmer v Allianz Australia Insurance Limited [2025] NSWPIC 440
Motor Accident Injuries Act 2017; sections 2.3 and 2.31 considered; claimant involved in a three-car accident on a narrow stretch of road with heavy traffic; drivers all agreed to proceed to a TAFE carpark 30 metres from the scene of the accident to exchange details; allegation that claimant should have photographed the offending motorist’s licence plate; factual issue as to whether the licence plate was available for inspection and to be photographed; offending driver absconded from the scene after agreeing to proceed to the TAFE carpark; insurer alleged failure by the claimant to make due inquiry and search to establish identity of the offending vehicle; Held – claimant acted reasonably in the circumstances and made sufficiently prompt and thorough due search and enquiry as the circumstances permitted; Nominal Defendant v Meakes, and Oztan v NSW Ministerial Corporation cited.
Decision date: 28 August 2025 | Member: Michael Inglis
Allianz Australia Insurance Limited v Knapton [2025] NSWPIC 446
Motor Accident Injuries Act 2017; settlement approval; claimant was injured; claimant was working at the time of the accident; claimant is aware no entitlement to future statutory benefits once settlement is approved; Held – settlement complies with clause 7.37 of the Motor Accident Injuries Guidelines (version 9.3); settlement approved in the amount of $53,000.00; settlement consisting of nil non-economic loss, past economic loss of $20,000.00, and future economic loss of $33,000.00 by way of a buffer; less $11,984.77 for statutory benefits paid by the insurer.
Decision date: 29 August 2025 | Member: Philip Carr
Duressa v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPIC 447
Motor Accident Injuries Act 2017; miscellaneous claims assessment; whether accident caused wholly or mostly by the fault of the claimant for the purposes of section 3.11 and section 3.28; accident occurred when the claimant entered roundabout and collided with a vehicle already in roundabout; whether the claimant looked to his right and saw other vehicle; AAI Limited t/as GIO v Evic discussed and applied; Sibley v Kais, Davis v Swift, and Ayre v Swan applied; Held – the claimant failed to bring his vehicle to a stop before entering the roundabout, failed to look to his right, and failed to see the other vehicle; accident was caused by the claimant’s failure to exercise reasonable care; no fault on the part of the other driver; claimant’s failure to exercise reasonable care did not constitute a worst possible case; accident not caused wholly by the claimant’s fault; contributory negligence assessed at 70%; accident caused mostly by the fault of the claimant.
Decision date: 29 August 2025 | Senior Member: Brett Williams
Milosavljevic v Transport Accident Commission [2025] NSWPIC 448
Motor Accident Injuries Act 2017; damages; liability admitted for accident; physical and psychiatric/psychological injuries; past and future economic loss; medico-legal examinations, treating evidence, rehab, and lay evidence; operating business since 2012 work injury settlement; engaged in physical labour and management; operated business with five employees at time of accident; business grew; aggravated existing spinal injuries; continuing psychological disturbance; work after accident with reduced physical abilities; claimant has reduced emotional tolerance for previous role; business wound up; total loss of earning capacity; consideration and application of section 4.7; Held – reliable evidence; residual earning capacity cannot be practicably exercised; past economic loss; future economic loss buffer; costs and disbursements assessed.
Decision date: 1 September 2025 | Member: Terence O'Riain
Peric-Djordjevic v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPIC 449
Motor Accident Injuries Act 2017; claims assessment dispute about the amount of damages to be paid to the claimant under sections 7.36(3) and 7.36(4); claimant was riding his motorcycle when he was struck by the insured motor vehicle at an intersection; insurer admitted liability and no allegation of contributory negligence; claimant suffered fracture of the right femur, post-traumatic stress disorder (PTSD), and subsequent lower back pain; claimant at the time of the accident was a university student; subsequently graduated from university; claim for past and future economic loss; Held – claimant is entitled to damages for past and future economic loss.
Decision date: 1 September 2025 | Member: David Ford
Workers Compensation non-Presidential Member Decisions
Silwal v Crown Sydney Gaming Pty Ltd [2025] NSWPIC 437
Workers Compensation Act 1987; claim for injuries to neck, left shoulder, and right shoulder; medical and treatment expenses pursuant to section 60 and lump sum compensation pursuant to section 66; consideration of injury and causation; consideration of whether the applicant is entitled to reasonably necessary medical and treatment expenses pursuant to section 60; Kooragang Cement Pty Limited v Bates, Department of Education v Ireland, Nguyen v Cosmopolitan Homes, and Briginshaw v Briginshaw considered; Held – pursuant to section 4(b)(ii) the applicant has sustained an injury to her left shoulder, right shoulder, and cervical spine during the course of her employment with the respondent; pursuant to section 60 the past medical expenses claimed by the applicant are reasonably necessary treatment expenses as a result of the injury sustained by the applicant; matter referred to the President of the Personal Injury Commission for referral to a Medical Assessor for determination of whole person impairment.
Decision date: 27 August 2025 | Member: Anne Gracie
Roe v Mackillop Family Services Ltd [2025] NSWPIC 438
Workers Compensation Act 1987; accepted injury; claim in respect of underpayment of weekly compensation; whether there has been a change of an ongoing nature to the applicant’s employment arrangement resulting in a financially material change to the earnings of the applicant; by virtue of which clause 8C(1) of the Workers Compensation Regulations 2016 (2016 Regulation) should operate to determine the applicant’s pre-injury average weekly earnings for the purposes of calculating the applicant’s entitlement to weekly compensation pursuant to sections 36 and 37; Held – there has been a change of an ongoing nature to the applicant’s employment arrangement resulting in a financially material change to the earnings of the applicant; clause 8C(1) of the 2016 Regulation should operate to determine the applicant’s pre-injury average weekly earnings; the applicant has been underpaid her entitlements to weekly compensation pursuant to sections 36 and 37; the respondent ordered to pay the applicant the balance of unpaid weekly compensation pursuant to sections 36 and 37.
Decision date: 27 August 2025 | Member: Karen Garner
Springfield v Healthcare Supply Partners Pty Ltd [2025] NSWPIC 439
Workers Compensation Act 1987; claim for injury to left shoulder and treatment expenses pursuant to section 60; consideration of applicant’s and other witnesses’ statements, medical reports and other treatment records, claim correspondence, and factual material; consideration of injury and causation and main contributing factor; Kooragang Cement Pty Limited v Bates, Nguyen v Cosmopolitan Homes (NSW) Pty Limited, Briginshaw v Briginshaw, Helton v Allen, Federal Broom Co Pty Ltd v Semlitch, Austin v Director General of Education, and Duncan v Roads & Traffic Authority of NSW and Anor considered; Held – the applicant during the course of her employment with the respondent has sustained an injury to her left shoulder; employment being the main contributing factor to the aggravation, acceleration, exacerbation or deterioration of the disease.
Decision date: 27 August 2025 | Member: Anne Gracie
Bama v The College of Nursing [2025] NSWPIC 441
Workers Compensation Act 1987; claim for psychological injury; claim for weekly compensation pursuant to section 37 and treatment expenses pursuant to section 60; respondent withdrew the disputes pursuant to section 37 and section 60 during the conciliation phase of the conciliation/arbitration; applicant maintains she is entitled to an award; written submissions provided by both parties on the issue of whether the Commission has the jurisdiction to make an award in the circumstances; decision made “on the papers”; Held – the applicant is entitled to an award pursuant to section 37 and section 60; Djuric v Kia Ceilings Pty Ltd, Patricks Stevedores Holdings Pty Ltd v Fogarty, and Raniere Nominees Pty Ltd t/as Horizon Motor Lodge v Daley considered.
Decision date: 28 August 2025 | Member: Anne Gracie
Newby v State of New South Wales (NSW Police Force) [2025] NSWPIC 442
Workers Compensation Act 1987; claim by former police officer for back payment of weekly benefits in respect of dependent spouse; dispute as to amount to which applicant entitled; review of payments revealed all payments of weekly benefits in relevant period were incorrect; respondent paid shortfall in periods when applicant was underpaid and did not seek to recover overpayment during period in which applicant’s spouse had incorrectly not been included as a dependant; respondent did not pay additional weekly benefits in periods during which applicant had been overpaid but did not seek to recover overpayments; respondent paid additional weekly benefits in periods where applicant had been underpaid; Held – applicant has been paid all weekly benefits to which he is entitled and has in fact been overpaid; award for respondent.
Decision date: 28 August 2025 | Senior Member: Kerry Haddock
Knott v Qantas Ground Services Pty Ltd [2025] NSWPIC 444
Workers Compensation Act 1987; claim for proposed hip replacement surgery in circumstances where applicant had asymptomatic osteoarthritis in the hip before the workplace injury; respondent disputes the surgery is reasonably necessary treatment as a result of the workplace injury and asserts the effects of the injury have ceased; Held – the effects of the injury have not ceased and finding made that the proposed hip replacement surgery is reasonably necessary treatment as a result of the workplace injury.
Decision date: 28 August 2025 | Member: Josephine Bamber
Wren v Kmart Australia Ltd [2025] NSWPIC 450
Workers Compensation Act 1987; claim for lump sum compensation regarding psychiatric injury; whether intellectually disabled worker employed as a door greeter had suffered injury as a result of a confrontation with youths; whether claimant’s motive to punish employer for its alleged lack of concern; whether claimant’s continued employment in same role and subsequent employment a disentitling factor; whether pleadings misconceived; Held – CCTV footage confirmed claimant’s account; the psychological effect of the incident caused aggravation of claimant’s pre-existing post-traumatic stress disorder (PTSD) and major depression; value of independent, contemporaneous documentary evidence by claimant’s psychologist, involvement of professional carers considered and rejected; whether impairment permanent and to what extent the claimant’s pre-existing conditions were relevant; employment found to be the main contributing factor; matter remitted to President for referral.
Decision date: 1 September 2025 | Member: John Wynyard
Mackinney v The Executive Inn Pty Ltd [2025] NSWPIC 451
Workers Compensation Act 1987; claim for lump sum compensation; assessment of whole person impairment (WPI); nature of injury; section 4(a); undisputed applicant worker injured her lower back at work; later diagnosis of sacroiliac joints injury; issue whether sacroiliac joints also injured at time of lower back injury; respondent employer contends age-related degeneration; Held – sacroiliac joint injury most likely occurred at time of lower back injury; remitted to President for referral to Medical Assessor for WPI assessment of lower back and sacroiliac joint injuries.
Decision date: 2 September 2025 | Member: Adam Halstead
Brassington v Secretary (Department of Education) & Anor [2025] NSWPIC 452
Workers Compensation Act 1987; sections 4, 16 and 37 referred to; injury; main contributing factor; apportionment; Kooragang Cement Pty Ltd v Bates, State Transit Authority of NSW v Fritzi Chemler, Attorney General’s Department v K, Federal Broom v Semlitch, Cant v Catholic Schools Office, Stewart v NSW Police Service, AV v AW, and Ariton Mitic v Rail Corporation of NSW considered and applied; Held – the applicant sustained a psychological injury as defined by section 4(b)(ii) in the course of his employment with the second respondent; pursuant to section 60 the first and second respondents are to pay the applicants reasonably necessary medical and treatment expenses with liability apportioned 43% to the first respondent and 57% to the second respondent.
Decision date: 2 September 2025 | Member: John Turner
Motor Accidents Medical Review Panel Decisions
QBE Insurance (Australia) Limited v Kembrey [2025] NSWPICMP 649
Motor Accident Injuries Act 2017; assessment of degree of permanent impairment dispute; the insured vehicle was travelling towards the claimant (in her lane); there was a head-on collision; claimant’s lost consciousness momentarily; claimant eventually self-extricated from her vehicle and began to feel pain after about five minutes; claimant was diagnosed with nine fractured ribs, a fractured sacrum, two fractured thoracic vertebrae, a fractured left foot, and left knee; claimant was conscious but in intensive care for about six days and hospitalised for a total of four weeks; claimant continues to experience significant pain; claimant’s psychiatric symptoms began while the claimant was still in hospital; Medical Assessor diagnosed post-traumatic stress disorder (PTSD) and assessed 16% whole person impairment (WPI) including 1% WPI uplift for treatment effects; Held – Review Panel also diagnosed PTSD and assessed 15% WPI with uplift; certificate confirmed.
Decision date: 28 August 2025 | Panel Members: Member Gary Victor Patterson, Dr John Baker, and Dr Christopher Canaris | Injury module: Mental and Behavioural
Choi v QBE Insurance (Australia) Limited [2025] NSWPICMP 651
Motor Accident Injuries Act 2017; assessment of treatment and care dispute; claimant was a learner driver who was being supervised by her mother who was the front-seat passenger; the insured vehicle collided with the rear passenger side of their vehicle; claimant reported experiencing pain in her neck, wrists, lower back, ankles, and jaw; Medical Assessor certified that various surgical procedures for right wrist proposed do not relate to the injury caused by the subject accident nor are reasonable and necessary; issue as to causation of claimant’s right wrist injury; whether due to subject accident or her nursing placement; Held – Review Panel satisfied as to causation because of immediate complaint of pain in right wrist following subject accident; Review Panel satisfied that proposed right wrist arthroscopy and TFCC debridement are reasonable and necessary; Review Panel not satisfied that proposed right wrist ulna shortening is reasonable and necessary; certificates revoked.
Decision date: 28 August 2025 | Panel Members: Member Gary Victor Patterson, Dr Shane Moloney, and Dr Drew Dixon | Treatment Type: Surgery
CGI v Allianz Australia Insurance Limited [2025] NSWPICMP 652
Motor Accident Injuries Act 2017; claimant has requested that his particulars be de-identified pursuant to rule 132 of the Personal Injury Commission Rules; review of certificate and reasons of Medical Assessor (MA) finding that the claimant had suffered a threshold injury following diagnosis of an adjustment disorder with anxious mood; claimant had a pre-accident psychiatric history and also criminal offences and drug addiction; following the accident the claimant was able to drive but anxious when driving past the scene of the accident and took steps to avoid this; claimant became socially isolated; claimant’s anxiety with driving activities not evident all the time but was recorded by several medical examiners and was also evident at the time of examination by the Review Panel; while the decision of Lynch v AAI Ltd was referred to and noted by the Review Panel it was evident the claimant was suffering specific situation phobia which is a non-threshold injury; Held – certificate of MA revoked.
Decision date: 28 August 2025 | Panel Members: Member Alexander Bolton, Dr Steven Yeates, and Dr John Baker | Injury module: Mental and Behavioural
Salins v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPICMP 653
Motor Accident Injuries Act 2017; permanent impairment dispute; review of Medical Assessment Certificate (MAC); claimant was walking across a pedestrian crossing when he was hit by a car; original Medical Assessor assessed 9% whole person impairment (WPI) comprising of 5% right wrist, 2% right knee, and 2% right shoulder; Review Panel re-examination found loss of range of motion in the right wrist and right shoulder which amounted to 11% WPI; claimant sought assessment of injury not in original medical dispute; Mandoukos v Allianz Australia Insurance applied; Review Panel examination findings of injuries not referred for assessment recorded in annexure at end of Review Panel’s reasons; Held – MAC revoked; claimant’s injuries caused by the motor accident gave rise to 11% WPI which is greater than 10%.
Decision date: 29 August 2025 | Panel Members: Member Jeremy Lum, Dr Michael Couch, and Dr Christopher Oates | Injury module: Upper Limb, Lower Limb, and Minor Skin
Taleb v Allianz Australia Insurance Limited [2025] NSWPICMP 654
Motor Accident Injuries Act 2017; assessment of threshold injury under section 1.6(3); the claimant suffered injury in a motor vehicle accident; Medical Assessor (MA) found the claimant sustained an adjustment disorder with mixed anxiety and depressed mood caused by the accident; a threshold injury; claimant sought review; Held – claimant was an unreliable historian; claimant had sustained an adjustment disorder with mixed anxiety and depressed mood of chronic nature caused by the accident; certificate of MA confirmed.
Decision date: 29 August 2025 | Panel Members: Senior Member Susan McTegg, Dr Melissa Barrett, and Dr Himanshu Singh | Injury module: Mental and Behavioural
AAI Limited t/as AAMI v Kando [2025] NSWPICMP 662
Motor Accidents Compensation Act 1999; accident 13 May 2017; review of Medical Assessment Certificate (MAC); section 63; dispute about causation, pre-existing impairment, and whether degree of permanent impairment from accident related psychological injury is greater than 10%; Medical Assessor certified that the accident caused major depressive disorder and post-traumatic stress disorder which gave rise to a permanent impairment that was greater than 10%; Held – accident caused impairment; no evidence of pre-existing impairment; different permanent impairment assessed; MAC revoked; new certificate issued; Review Panel certified the claimant’s degree of permanent impairment that has resulted from the post-traumatic stress disorder and major depressive disorder caused by the motor accident is greater than 10%.
Decision date: 1 September 2025 | Panel Members: Member Terence O'Riain, Dr Wayne Mason, and Dr Alan Doris | Injury module: Mental and Behavioural
Allianz Australia Insurance Limited v Hill [2025] NSWPICMP 663
Motor Accident Injuries Act 2017; review of medical assessment certificate; whole person impairment (WPI); fracture right ankle and heel; impact right side of bike right ankle and foot; post traumatic arthritis; surgical scar; partial ankylosis of the subtalar joint; injury to superficial peroneal nerve; left calf atrophy; Held – certificate revoked; 13% WPI.
Decision date: 1 September 2025 | Panel Members: Member Hugh Macken, Dr David Gorman, and Dr Drew Dixon | Injury module: Lower Limb, and Minor Skin
Kale v Allianz Australia Insurance Limited [2025] NSWPICMP 664
Motor Accident Injuries Act 2017; medical assessment of whole person impairment (WPI) by Medical Assessor (MA); claimant injured in motor vehicle accident; MA determined the claimant’s permanent impairment at 7%; the claimant sought a review of the assessment under section 7.26; the Review Panel re-examined the claimant; Held – Review Panel confirmed certificate of MA; determination of 7% permanent impairment.
Decision date: 1 September 2025 | Panel Members: Member Terence Stern OAM, Dr Ankur Gupta, and Dr Thomas Newlyn | Injury module: Mental and Behavioural
Allianz Australia Insurance Limited v Hamidi [2025] NSWPICMP 668
Motor Accident Injuries Act 2017; permanent impairment dispute; review of Medical Assessment Certificate (MAC); original Medical Assessor (MA) assessed 11% whole person impairment (WPI) comprising of 5% neck, 2% left shoulder, and 4% left knee; MA accepted claimant’s given history that he may have hit his left knee on the dashboard at the time of the accident; Review Panel noted first complaints to left knee was three years after the motor accident; absence of any other evidence to support injury to the left knee as a result of the motor accident; Held – left knee injury not causally related to the motor accident; cervical spine 0% WPI and left shoulder 2% WPI; MAC revoked.
Decision date: 3 September 2025 | Panel Members: Member Jeremy Lum, Dr Drew Dixon, and Dr Shane Moloney | Injury module: Spine, Upper Limb, and Lower Limb
Workers Compensation Medical Appeal Panel Decisions
Howard v Department of Human Services (DHS) [2025] NSWPICMP 644
Workplace Injury Management and Workers Compensation Act 1998; appeal in respect of assessment of the respiratory system on the basis that the Medical Assessor failed to utilise the Epworth Sleepiness Score in assessing sleep apnoea; Appeal Panel satisfied that it is not mandatory to conduct an Epworth Sleepiness Score and there was no demonstrable error in the assessment nor application of incorrect criteria; Held – Medical Assessment Certificate confirmed.
Decision date: 27 August 2025 | Panel Members: Member Carolyn Rimmer, Dr David Crocker, and Dr David Gorman | Body system: Right Upper Extremity, and Respiratory
Corrective Services New South Wales v Little [2025] NSWPICMP 645
Workplace Injury Management and Workers Compensation Act 1998; appeal by employer from 21% whole person impairment (WPI); psychological injury; whether fresh evidence admissible; whether error made with respect to each classification in each of the psychiatric impairment rating scale (PIRS) categories; Held – fresh evidence (a desktop investigation) rejected; no application made to accept it; no explanation as to why it could not have been obtained prior to the assessment; many dates within report pre-dated assessment; observations as to procedure and section 289A of the 1998 Act and whether Appeal Panel has jurisdiction to entertain section 289A(4) application; Medical Assessor contradictory in reasons for self-care and personal hygiene and unclear in reasoning for employment category; ratings therein reduced; Medical Assessment Certificate revoked.
Decision date: 27 August 2025 | Panel Members: Member John Wynyard, Professor Nicholas Glozier, and Dr Doug Andrews | Body system: Psychological/Psychiatric
Workplace Injury Management and Workers Compensation Act 1998; application for assessment by a Medical Assessor for a threshold dispute for offender in custody damages claim (section 26C of the Civil Liability Act 2002); appeal in respect of assessment of 0% whole person impairment (WPI) of the respiratory system by non-lead assessor; error in incorrect history of no reports of snoring or witnessed sleep apnoea; Appeal Panel satisfied that the appellant had a mild sleep apnoea and that not all of sleep difficulties and sleep fragmentation are secondary to his underlying post-traumatic stress disorder (PTSD); Held – Medical Assessment Certificate revoked.
Decision date: 27 August 2025 | Panel Members: Member Carolyn Rimmer, Dr David Crocker, and Dr David Gorman | Body system: Facial Disfigurement, Mastication & Deglutition, Right Trigeminal Nerve, Left Trigeminal Nerve, and Respiratory System
Neilsen v Nova Employment Ltd [2025] NSWPICMP 647
Workplace Injury Management and Workers Compensation Act 1998; appeal by claimant from 5% whole person impairment (WPI) assessment for psychological injury; whether Medical Assessor (MA) had erred in every classification for every category in the psychiatric impairment rating scale (PIRS); whether MA had erred in making a deduction pursuant to section 323 for a subsequent injurious event; Held – submissions called for regarding power of MA to make a deduction for subsequent impairment; observations made as to utility of the deemed date provisions; Bindah v Carter Hold Harvey Woodproducts Australia Pty Ltd, Jaffaire v Quality Castings Pty Ltd, Cullen v Woodbrae Holdings Pty Ltd, and Craigie v Faircloth & Reynolds Pty Ltd referred to; observations made as to role of section 22 of the Workers Compensation Act 1987 and whether principles in Secretary, NSW Department of Education v Johnson were applicable where subsequent employer subject to NSW compensation litigation; Bayside Council v Ware referred to; claimant re-examined; error determined in three categories; Medical Assessment Certificate revoked.
Decision date: 27 August 2025 | Panel Members: Member John Wynyard, Professor Nicholas Glozier, and Dr Michael Hong | Body system: Psychological/Psychiatric
Cook v ESTIA Health New South Wales [2025] NSWPICMP 648
Workplace Injury Management and Workers Compensation Act 1998; foot injury resulted in consequential back condition; section 323 deduction for established degenerative change despite lack of previous complaint; Vitaz v Westform (NSW) Pty Ltd, Ryder v Sundance Bakehouse, and Southwell v Qantas Airways Limited considered; Held – Medical Assessment Certificate confirmed.
Decision date: 28 August 2025 | Panel Members: Member Catherine McDonald, Dr Alan Home, and Dr Doron Sher | Body system: Left Lower Extremity, Lumbar Spine, and Scarring (TEMSKI)
Moore v Poskin Pty Ltd [2025] NSWPICMP 655
Workplace Injury Management and Workers Compensation Act 1998; medical appeal; assessment of hearing loss; consideration of all frequencies; shape of audiogram; audiogram showing equal loss at 1500Hz and 2000Hz; whether frequencies below 2000Hz should be included; Shone v Country Energy discussed; Held – Medical Assessor erred in not including all frequencies; Medical Assessment Certificate revoked.
Decision date: 29 August 2025 | Panel Members: Member Parnel McAdam, Dr Thandavan Raj, and Dr Brian Williams | Body system: Hearing Loss
Shahin v Plaspro Enterprises Pty Ltd [2025] NSWPICMP 656
Workplace Injury Management and Workers Compensation Act 1998; determination by member that appellant had sustained both primary and secondary psychological injury; Medical Assessor assessed whole person impairment (WPI) of 19% of which primary psychological injury accounted for 60%; appellant’s WPI was adjusted to 11%; appellant appealed on basis that assessment made on basis of incorrect criteria and Medical Assessment Certificate (MAC) contained demonstrable error; Held – Appeal Panel found error and appellant examined by Panel member; MAC revoked; Mercy Connect v Kiely, Wingfoot Australia Partners Pty Limited v Kocak, Matheson v Baptistcare NSW & ACT, and El Masri v Woolworths Ltd considered.
Decision date: 29 August 2025 | Panel Members: Senior Member Kerry Haddock, Dr Douglas Andrews, and Professor Nicholas Glozier | Body system: Psychological/Psychiatric
Lovelee v Sydney International Container Terminals Pty Ltd [2025] NSWPICMP 657
Workplace Injury Management and Workers Compensation Act 1998; the appellant appealed from the Medical Assessment Certificate (MAC) but elected to discontinue his proceedings subsequent to the first Appeal Panel decision but prior to the issuing of the certificate of determination by the Commission; appellant recommenced his appeal against the MAC following surgical treatment to his lumbar spine; the second Appeal Panel decided it did not have jurisdiction to consider the appeal and confirmed the MAC; the appellant sought judicial review of the second Appeal Panel’s decision and the Supreme Court of NSW set the decision aside and remitted the matter to the President to be determined according to law; this Appeal Panel received the appellant’s fresh evidence on the appeal and determined the appellant should undergo further medical examination; following which the Appeal Panel was satisfied the injury the appellant sustained to his lumbar spine had deteriorated and there is an increase in the degree of permanent impairment; Held – Medical Assessment Certificate revoked.
Decision date: 1 September 2025 | Panel Members: Member Jacqueline Snell, Dr Robert Kuru, and Dr Tim Anderson | Body system: Left Lower Extremity, Lumbar Spine, Digestive System, and Scarring
Sirijovski v Coles Supermarkets Australia Pty Ltd [2025] NSWPICMP 658
Workplace Injury Management and Workers Compensation Act 1998; Medical Assessor (MA) found that the appellant was not at maximum medical improvement (MMI) and required a neurological assessment yet assessed whole person impairment in the body of the Medical Assessment Certificate (MAC); MA erred in not providing adequate reasons for his conclusion that MMI had been reached; MA erred in calling for a neurological assessment as no power to do so; worker re-examined; Held – MAC revoked.
Decision date: 1 September 2025 | Panel Members: Member Carolyn Rimmer, Dr Drew Dixon, and Dr Tommasino Mastroianni | Body system: Left Lower Extremity, and Right Lower Extremity
Elias Estphan Transport Pty Ltd v Estphan [2025] NSWPICMP 659
Workplace Injury Management and Workers Compensation Act 1998; noise induced hearing loss; deduction for previous compensation paid when only monetary amount known; options available to Medical Assessor to make deduction; Held – Medical Assessment Certificate revoked.
Decision date: 1 September 2025 | Panel Members: Member Catherine McDonald, Dr Henley Harrison, and Dr Thandavan Raj | Body system: Hearing Loss
Corrective Services NSW v Singh [2025] NSWPICMP 660
Workplace Injury Management and Workers Compensation Act 1998; assessment of lumbar spine and lower extremities; application by appellant to rely on fresh evidence as a ground of appeal; some evidence received on appeal and the Appeal Panel called for the complete copy of the clinical notes and records of the GP including records prior to the subject injury; Appeal Panel satisfied that the respondent worker had reached maximum medical improvement; Appeal Panel satisfied that there was an error in application of section 323 deduction and a deduction of one-tenth should be applied to the assessment of the left lower extremity (that is 0.4%); the assessment was 3.6% which was rounded up to 4% whole person impairment (WPI); the assessment of total WPI by the Appeal Panel was the same as that made by the Medical Assessor; Medical Assessment Certificate confirmed.
Decision date: 1 September 2025 | Panel Members: Member Carolyn Rimmer, Dr Drew Dixon, and Dr Greg McGroder | Body system: Lumbar Spine, Right Lower Extremity, Left Lower Extremity, and Scarring (TEMSKI)
Khan v Hitachi Energy Australia Pty Ltd [2025] NSWPICMP 665
Workplace Injury Management and Workers Compensation Act 1998; the appellant submits that the Medical Assessor (MA) erred in his assessment of three of the psychiatric impairment rating scale (PIRS) categories (self-care and personal hygiene, travel, and employability); Appeal Panel agreed with all the appellant’s submissions; Held – the MA’s assessments were inconsistent with the evidence; Medical Assessment Certificate revoked.
Decision date: 2 September 2025 | Panel Members: Member Deborah Moore, Dr Michael Hong, and Dr Graham Blom | Body system: Psychological/Psychiatric
Woolworths Group Ltd v Dunn [2025] NSWPICMP 666
Workplace Injury Management and Workers Compensation Act 1998; appeal from assessment of whole person impairment for psychological injury; employer challenges assessment of the psychiatric impairment rating scale (PIRS) for employability; consideration of no “bright line boundaries” for PIRS categories referred to in Jenkins v Ambulance Service of NSW; Held – no demonstrable error or application of incorrect criteria found in assessment of category of employability; Medical Assessment Certificate confirmed.
Decision date: 2 September 2025 | Panel Members: Member John Isaksen, Professor Nicholas Glozier, and Dr Douglas Andrews | Body system: Psychological/Psychiatric
Safdarian v Kian Bread Pty Ltd [2025] NSWPICMP 667
Workplace Injury Management and Workers Compensation Act 1998; assessment of impairment of the cervical spine, lumbar spine, and right upper extremity; Medical Assessor made no diagnosis in respect of the right shoulder, cervical spine, and lumbar spine; assessment made on the basis of incorrect criteria; worker re-examined; Held – Medical Assessment Certificate revoked.
Decision date: 2 September 2025 | Panel Members: Member Carolyn Rimmer, Dr Drew Dixon, and Dr Margaret Gibson | Body system: Cervical Spine, Lumbar Spine, and Right Shoulder
Motor Accidents Merit Review Decisions
Proctor v QBE Insurance (Australia) Limited [2025] NSWPICMR 23
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) and 4(2)(a1); partnership earnings and sole trader earnings; whether loss of partnership to be taken into account when calculating PAWE; Held – the reviewable decision is set aside.
Decision date: 20 August 2025 | Merit Reviewer: Katherine Ruschen
Proctor v QBE Insurance (Australia) Limited (No 2) [2025] NSWPICMR 24
Motor Accident Injuries Act 2017; claim for statutory benefits; dispute about pre-accident weekly earnings (PAWE) determined by Merit Reviewer Ruschen; both parties made application for costs beyond the scheme in the Motor Accident Regulation 2017 (the Regulation) which did not allow any costs for a PAWE dispute; insurer agreed to claimant’s entitlement to costs and quantum of those costs; Held – Member determined under section 8.3(4) insurer entitled to costs beyond the Regulation; Member determined under section 8.10 claimant entitled to costs beyond the Regulation; in the role of Merit Reviewer the claimant’s costs were assessed at $2,840 inclusive of GST.
Decision date: 28 August 2025 | Member and Merit Reviewer: Belinda Cassidy
Rauf v AAI Limited t/as GIO [2025] NSWPICMR 25
Motor Accident Injuries Act 2017; merit review; calculation of pre-accident weekly earnings (PAWE); self-employed rideshare driver for Uber and Didi; insurer calculated PAWE at $562.26 based on report from forensic accountant; issue of the expenses to be deducted from total gross income; Held – commission fee from Uber and Didi rideshare platforms constitutes variable expenses to be deducted from gross earnings; account summaries from Uber and Didi show commission fee already deducted from claimant’s gross earnings; claimant’s PAWE calculated at $1,266.30; reviewable decision is set aside.
Decision date: 28 August 2025 | Merit Reviewer: Jeremy Lum
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