Legal Bulletin No. 240

Issued 5 December 2025

Welcome to the two hundred and fortieth 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.

Supreme Court Decisions

Insurance Australia Limited t/as NRMA Insurance v Chowdhury [2025] NSWSC 1392

Administrative law; judicial review; Personal Injury Commission; insurance; compulsory motor vehicle third party insurance; Motor Accident Injuries Act 2017 (NSW); statutory benefits; whether services for the care of pets can be “treatment and care”; meaning of “attendant care services”; Held – the summons is dismissed with costs.

Decision date: 26 November 2025 | Before: McHugh JA

Zadehfard v Allianz Australia Insurance Limited [2025] NSWSC 1423

Administrative law; judicial review of a decision of a medical assessor of the Personal Injury Commission of New South Wales; procedural fairness; whether the medical assessor failed to determine the dispute between the parties; whether the medical assessor determined matters that were not open on the known material; where medical assessor referred to materials not raised by the parties; Held – order, pursuant to rule 59.10(2) of the Uniform Civil Procedure Rules 2005 (NSW), the time for filing the summons be extended to 28 June 2025; order in the nature of certiorari moving into this Court and quashing the certificate issued by the second defendant, being the third defendant’s medical assessor, dated 6 January 2025; order that proceedings Personal Injury Commission matter number M26684/24 is remitted to the third defendant to be determined by a different medical assessor according to law; order that the first defendant pay the plaintiff’s costs of, and incidental to, the proceedings in this Court.

Decision date: 28 November 2025 | Before: Chen J

Stephen John Kewin v AAI Limited t/as GIO Insurance [2025] NSWSC 1425

Administrative law; judicial review; motor vehicle accident; review of decision under Motor Accident Injuries Act 2017 (NSW), section 7.20 not to refer a claim for assessment; whether existence of a medical dispute a jurisdictional fact for the Court to determine on an application for judicial review; whether procedural rules of the Commission inconsistent with section 7.20; whether certiorari is available under section 69 of the Supreme Court Act 1970 (NSW) in respect of a decision not to refer; Held – the second further amended summons is dismissed with costs.

Decision date: 1 December 2025 | Before: Mitchelmore J

Presidential Member Decisions

Qantas Airways Ltd v Phegan [2025] NSWPICPD 80

Workers compensation; leave to appeal an interlocutory decision pursuant to section 352(3A) of the Workplace Injury Management and Workers Compensation Act 1998; injury involving aggravation of a ‘disease’; Federal Broom Co Pty Ltd v Semlitch [1964] HCA 34; 110 CLR 626, Crisp v Chapman [1994] NSWCA 73; 10 NSWCCR 492; Cook v Midpart Pty Ltd t/as McDonalds Forster [2008] NSWCA 151; 6 DDCR 316, medical histories in the Commission; Onesteel Reinforcing Pty Ltd v Sutton [2012] NSWCA 282; 13 DDCR 351, reasons; Fisher v Nonconformist Pty Ltd [2024] NSWCA 32, Ming v Director of Public Prosecutions (NSW) [2022] NSWCA 209; 109 NSWLR 604; Held – leave is granted to Qantas Airways Ltd pursuant to section 352(3A) of the Workplace Injury Management and Workers Compensation Act 1998 to bring this appeal; the Certificate of Determination dated 28 April 2025 is confirmed.

Decision date: 24 November 2025 | Before: Deputy President Michael Snell

Toyota Motor Corporation Australia Limited v Arora [2025] NSWPICPD 81

Workers compensation; injury; distinction between personal injury and disease injury pursuant to section 4(b) of the Workers Compensation Act 1987; Rail Services Australia v Dimovski [2004] NSWCA 267 considered and applied; finding of factual error in characterisation of injury; subs 323(3) of the Workplace Injury Management and Workers Compensation Act 1998; aggregation of injuries for the purpose of medical assessment; application of Department of Aging, Disability and Home Care v Findlay [2011] NSWWCCPD 65; Held – there is a finding that the respondent suffered a personal injury to his left knee on 20 May 2019 and a subsequent injury to his left knee deemed to have occurred on 1 April 2022 in accordance with section 16 of the Workers Compensation Act 1987; there is a finding that the respondent suffered an injury to his lumbar spine deemed to have occurred on 1 April 2022 in accordance with section 16; the Member’s findings that the respondent suffered injury to his cervical spine and right shoulder deemed to have occurred on 1 April 2022 are confirmed; the injury to the left knee on 20 May 2019 can be assessed together with the injuries to the respondent’s left knee, right shoulder, cervical spine, and lumbar spine deemed to have occurred on 1 April 2022 in accordance with section 16; the Member’s determination that the respondent suffered injury to his left shoulder deemed to have occurred on 1 April 2022 is set aside; the order remitting the matter to the President for referral to a Medical Assessor for assessment of permanent impairment is revoked; the matter is to be reallocated to another non-presidential Member to determine whether the respondent suffered injury to his left shoulder as alleged and, if so, whether that injury can be assessed together with the injuries in [4] above.

Decision date: 25 November 2025 | Before: Acting Deputy President Paul Sweeney

Motor Accidents non-Presidential Member Decisions

BUP v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPIC 513

Motor Accident Injuries Act 2017; miscellaneous claims assessment; late claim for damages; whether claimant provided a “full and satisfactory explanation” under section 6.14(3) and section 6.2; claim lodged more than two years after the statutory three-year limit; claimant had received multiple written warnings from the insurer and referred them to his solicitors; claimant advised by his solicitor that the claim had been or would be lodged; subsequently told “we will take care of it” and “the claim has already been lodged”; claimant relied on that advice and persistently followed up; solicitor failed to lodge claim; explanation found to be full and supported by detailed contemporaneous correspondence; explanation also found satisfactory having regard to reliance on solicitor’s assurances and the claimant’s repeated efforts to obtain progress updates; Held – claimant provided a full and satisfactory explanation; Commission has jurisdiction to refer the late claim for assessment under section 6.14(5)(b).

Decision date: 26 September 2025 | Member: Bridie Nolan

Insurance Australia Limited t/as NRMA Insurance v CTH [2025] NSWPIC 568

Motor Accident Injuries Act 2017; settlement approval; the claimant was injured; the claimant was not working at the time of the accident; the settlement complies with clause 7.37 of the Motor Accident Injuries Guidelines (version 9.3); Held – the settlement is approved in the amount of $325,000.00; consisting of non-economic loss and nil past economic loss and future economic loss.

Decision date: 22 October 2025 | Member: Philip Carr

Newell v Allianz Australia Insurance Limited [2025] NSWPIC 622

Motor Accident Injuries Act 2017; miscellaneous claims assessment; whether accident caused wholly or mostly by the fault of the claimant; single vehicle accident; factual dispute about cause of accident; claimant argued accident caused by the presence of a kangaroo on the roadway; insurer relied on res ipsa loquitur to support an inference that the accident was caused by the claimant’s fault; AAI Limited t/as GIO v Evic, Insurance Australia Limited t/as NRMA v Richards, and Schellenberg v Tunnel Holdings Pty Ltd considered; Held – claimant reacted to avoid a kangaroo and in doing so his vehicle ran off the road and collided with a tree; accident was not caused wholly or mostly by the fault of the claimant.

Decision date: 21 November 2025 | Senior Member: Brett Williams

Salazar Rentería v AAI Limited t/as GIO [2025] NSWPIC 623

Motor Accident Injuries Act 2017; miscellaneous claims assessment dispute; statutory benefits; whether accident caused wholly or mostly by the fault of the claimant for the purposes of sections 3.11 and 3.28; single vehicle accident; claimant riding motorcycle which skidded in wet conditions; AAI Limited t/as GIO v Evic, Insurance Australia Limited t/as NRMA v Richards; and Mellor-Langham v QBE Insurance (Australia) Ltd considered and applied; assessment of claimant’s contributory negligence; Held – claimant’s failure to take reasonable care contributed to the cause of the accident; claimant’s contributory negligence assessed at 70%; accident caused wholly or mostly by the fault of the claimant for the purposes of sections 3.11 and 3.28.

Decision date: 21 November 2025 | Member: Bianca Montgomery-Hribar

Marin v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPIC 624

Motor Accident Injuries Act 2017; miscellaneous claims assessment; whether the motor accident was caused wholly or mostly by the fault of the claimant under sections 3.11 and 3.28; claimant was the sole occupant and driver of her motor vehicle which was parked in a parking area; the claimant attempted to drive her vehicle out of the car park but in doing so did not engage the vehicle in reverse gear; the vehicle was placed in drive and she accelerated the vehicle which resulted in the vehicle mounting the kerb and colliding with a telegraph pole resulting in her sustaining injuries; determined the claimant was wholly or mostly at fault; Held – motor accident caused wholly or mostly by the fault of the claimant.

Decision date: 24 November 2025 | Member: David Ford

Workers Compensation non-Presidential Member Decisions

Magnus v TAFE NSW [2025] NSWPIC 619

Workers Compensation Act 1987;work capacity dispute; consideration of definition of suitable employment in section 32A; worker suffered psychological injury; liability accepted by insurer;  insurer assessed the applicant as fit to work on a full-time basis as a program/project administrator (endorsed by the Nominated Treating Doctor (NTD)); whether this role was suitable employment; evidence confirmed the role was commensurate with applicant’s past experience; no medical evidence to displace the capacity certification of the NTD which confirmed fitness for suitable employment on a full time basis; no discretion in the Act to take into account lack of availability of comparable pre injury work, location, or any failings by the respondent during the rehabilitation process; Held – work capacity decision upheld; interim payment direction declined.

Decision date: 19 November 2025 | Member: Diana Benk

Myers (nee Wilkinson) v State of New South Wales (NSW Police Force) [2025] NSWPIC 620

Workers Compensation Act 1987; workers compensation; disease injury due to indivisible microtrauma; nature and conditions of employment as a police officer; Held – applicant sustained injury to lumbar spine.

Decision date: 19 November 2025 | Member: Mitchell Strachan

Poeschl v Coles Supermarkets Australia Pty Ltd [2025] NSWPIC 621

Workers Compensation Act 1987; claim for weekly compensation pursuant to section 33; medical and related expenses of attempted arthroscopic rotator cuff repair and biceps tenodesis right shoulder pursuant to section 60; applicant had accepted injury to left shoulder; whether the applicant sustained right shoulder injury pursuant to sections 4(a), 9A, 4(b)(i), and 4(b)(ii) as well as a right shoulder consequential condition; Held – applicant did sustain right shoulder injury pursuant to sections 4(a) and 9A and right shoulder consequential condition; applicant did not sustain right shoulder injury pursuant to sections 4(b)(i) and 4(b)(ii); the proposed attempted arthroscopic rotator cuff repair and biceps tenodesis right shoulder is reasonably necessary; the applicant was and remained totally incapacitated for work as a result of the right shoulder injury and right shoulder consequential condition from 15 January 2024 and ongoing; the respondent is ordered to pay the costs of and incidental to attempted arthroscopic rotator cuff repair and biceps tenodesis right shoulder in accordance with section 60; the respondent is ordered to pay the applicant weekly compensation pursuant to sections 33, 36, and 36.

Decision date: 21 November 2025 | Member: Karen Garner

Duong v Haiden and Co Pty Ltd [2025] NSWPIC 625

Workers Compensation Act 1987; claim for lump sum compensation pursuant to section 66; undisputed workplace incident when moving forklift collided with applicant worker; undisputed left shoulder injury; whether cervical spine also injured by frank event or aggravation to existing disease condition; no report of neck injury following workplace incident at the time or thereafter for more than two years; Held – evidence does not establish cervical spine injured in the workplace incident; claim for left shoulder impairment below greater than 10% threshold; no basis for referral to medical assessor for left shoulder; award for the respondent.

Decision date: 24 November 2025 | Member: Adam Halstead

Cabacas v Precision Cut Services Australia Pty Ltd (In Liquidation) [2025] NSWPIC 626

Workers Compensation Act 1987; whether injury to cervical spine ongoing; work capacity decision; whether employment options identified amount to suitable employment; Held – injury to cervical spine ongoing; capacity to work 20 hours per week; employment options identified not suitable having regard to available evidence and restrictions.

Decision date: 24 November 2025 | Member: Mitchell Strachan

Dive v Secretary, Department of Communities and Justice [2025] NSWPIC 627

Workers Compensation Act 1987 (1987 Act); Workplace Injury Management and Workers Compensation Act 1998 (1998 Act); Personal Injury Commission Act 2020 (PIC Act); sections 327 and 329 of the 1998 Act; reconsideration; deterioration; Samuel v Sebel Furniture Limited, Hilliger v Hilliger, Papalia v Transom Services Pty Ltd t/as Transom Scaffolding, Riverina Wines Pty Ltd v Registrar of the Workers Compensation Commission of NSW & Ors, and Scone Race Club Limited v Cottom cited and applied; Held –  the certificate of determination is rescinded pursuant to section 57(1) of the PIC Act; pursuant to section 329(1) of the 1998 Act the matter is remitted to the President for a determination as to whether the applicant may be referred for a further assessment of permanent impairment (as an alternative to an appeal).

Decision date: 25 November 2025 | Member: John Turner

Motor Accidents Medical Review Panel Decisions

QBE Insurance (Australia) Limited v Ul-Hasan [2025] NSWPICMP 903

Motor Accident Injuries Act 2017; review of medical assessment; assessment of degree of permanent impairment; left shoulder soft tissue injury; left hand fracture involving the fourth and fifth metacarpal; prior good health; slight reduction in active left shoulder movement; no crepitus was detected; no winging of the left scapula with both scapula movements being equal; neurological examination of upper limb reflexes were equal; soft tissue injury to the left shoulder sustained in the subject accident; no diagnosis of impairment of the long thoracic nerve; Held – 2% whole person impairment.

Decision date: 18 November 2025 | Panel Members: Member Hugh Macken, Dr Shane Moloney, and Dr Michael McGlynn | Injury module: Upper Limb

QBE Insurance (Australia) Limited v Ul-Hasan (No 2) [2025] NSWPICMP 904

Motor Accident Injuries Act 2017; review of medical assessment; injury to face; zygomatic arch fracture; left sided periauricular laceration; mastication difficulty; scarring left cheek and left ear lobe; no jaw or facial pain caused by eating; no discomfort no palpable joint crepitus; visible scarring left cheek; fracture left zygomatic arch not requiring surgical treatment resolved with no residual facial deformity; no temporomandibular joint injury; no dental injury; class 1 facial disfigurement; Held – 4% whole person impairment.

Decision date: 18 November 2025 | Panel Members: Member Hugh Macken, Dr Shane Moloney, and Dr Michael McGlynn | Injury module:  Facial Injury and Impairment

Siddiqui v QBE Insurance (Australia) Limited [2025] NSWPICMP 914

Motor Accident Injuries Act 2017; review of medical assessment; rear end collision; delay in seeking medical help; post-accident overseas trip; lumbar spinal injury; left sided pain; loss of sensation left lower limb; no evidence of radiculopathy; irritation of nerves absent of clinical radiculopathy are not indications of radiculopathy; change most consistent with degenerative changes; no mention of clinically suspected conditions including disc prolapse; Held – change is not related to motor vehicle accident.

Decision date: 21 November 2025 | Panel Members: Member Hugh Macken, Dr Margaret Gibson, and Dr Les Barnsley | Injury module: Spine

El-Nabouch v Allianz Australia Insurance Limited [2025] NSWPICMP 915

Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); threshold injury dispute; claimant’s van was stationary in a line of traffic when a truck collided with the rear of his van; original Medical Assessor found threshold injuries; Review Panel conducted re-examination and found no signs of radiculopathy or evidence of any partial or complete tear of tendon, ligament, meniscus, or cartilage to indicate a non-threshold injury; Held – MAC confirmed.

Decision date: 21 November 2025 | Panel Members: Member Jeremy Lum, Dr David Gorman, and Dr Christopher Oates | Injury module: Spine, Upper Limb, Lower Limb, and Brain Injury

QBE Insurance (Australia) Limited v Chan [2025] NSWPICMP 918

Motor Accident Injuries Act 2017; review of medical assessment certificate (MAC); whole person impairment (WPI); pedestrian hit by motorcycle; comminuted depressed fracture of the lateral tibia plateau; extension of the fracture line into the proximal tibiofibular joint; coccyx fracture; low back pain; ligamentous injury to the ankle; development of DVT; right leg shortening and moderate osteoarthritis; scarring over right knee and shin; lumbosacral category ii; right lower extremity 8% WPI from the right knee; 2% WPI from right ankle; lumbar spine injury 5% WPI; Held – WPI 15%.

Decision date: 24 November 2025 | Panel Members: Member Hugh Macken, Dr Rhys Gray, and Dr Christopher Oates | Injury module: Spine, and Lower Limb

Kayem v CIC Allianz Insurance Limited [2025] NSWPICMP 922

Motor Accident Injuries Act 2017; claimant’s application for review of Medical Assessor’s determination of permanent impairment for injuries to the left knee, lumbar spine, left hip, and left foot and heel; original assessment of a degree of permanent impairment of 2%; claimant; re-examined by Review Panel; on re-examination the Review Panel found some evidence suggestive of a complex regional pain syndrome (CRPS) in the lower extremity; CPRS was not a referred injury to the Personal Injury Commission for assessment as part of the medical dispute of the medical assessment matter and was therefore not before the single medical assessor for assessment; CPRS not assessed by the Review Panel; Mandoukos v Allianz Australia Insurance Ltd applied; Held – certificate of the single medical assessor is revoked as the Review Panel reached different conclusions on causation of injury.

Decision date: 25 November 2025 | Panel Members: Member Maurice Castagnet, Dr Chris Oates, and Dr Rhys Gray | Injury module: Spine, and Lower Limb

Lakkis v QBE Insurance (Australia) Limited [2025] NSWPICMP 924

Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); reasons of the Medical Assessor (MA); the injury referred for assessment was a major depressive disorder; MA found that claimant had an adjustment disorder with depressed mood and assessed whole person impairment (WPI) at 7%; claimant injured as a pedestrian who slipped on an oil leak on the footpath causing him to fall on his left hip and left elbow; claimant admitted to hospital for his physical injuries for 12 days and subsequently developed psychiatric disabilities; claimant relied on an expert opinion who assessed 22% WPI; insurer relied on a report of another doctor who assessed 0% WPI; claimant's physical injuries caused considerable pain on an ongoing basis; claimant had not worked since 1983 due to a work-related accident; Held – Review Panel assessed the claimant as having an adjustment disorder with mixed anxiety and depressed mood and a WPI assessment of 7%; certificate of MA revoked.

Decision date: 25 November 2025 | Panel Members: Member Alexander Bolton, Dr John Baker, and Dr Ankur Gupta | Injury module: Mental and Behavioural

Davies v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPICMP 925

Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); claimant flung from motorcycle travelling at 50km/hr suffering a right tibial plateau fracture and other injuries; claimant assessed by original Medical Assessor as having 6% whole person impairment (WPI); resulting arthritis of right knee assessed via analogy in the absence of actual x-ray films; x-ray films in Australia not typically done in accordance with the procedure specified in clause 3.2g of the American Medical Association Guides to the Evaluation of Permanent Impairment, 4th ed (AMA 4); Review Panel called for submissions on best resolution of issue; Review Panel called for x-ray films; limitations of current x-ray films methodology noted; Review Panel considered radiographs offered a more direct and objective basis for evaluation of cartilage intervals than assessment via analogy; Review Panel re-examined and found 3% WPI for arthritis (cartilage interval 3mm – Table 62, AMA 4); tibial plateau fracture (undisplaced) 2% WPI – Table 64, AMA 4) and scarring 1% WPI (TEMSKI); Held – total combined impairment of 6% WPI; MAC confirmed.

Decision date: 26 November 2025 | Panel Members: Member Jeremy Lum, Dr Mohammed Assem, and Dr Shane Moloney | Injury module: Spine, Upper Limb, and Lower Limb

Heaton v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPICMP 926

Motor Accident Injuries Act 2017; assessment of permanent impairment; claimant was riding his motor scooter travelling about 50 km/h when the insured car turned in front of him; claimant’s motor scooter collided with the side of that vehicle; claimant was thrown over its bonnet and landed on his back on the roadway; claimant may have lost consciousness briefly; claimant had injuries to his back and right foot; Medical Assessor accepted injury to the left shoulder and assessed 4% whole person impairment (WPI) for that injury; he assessed 0% WPI for all other referred injuries; claimant’s review application; claimant re-examined; Review Panel found no injury to left shoulder caused by motor accident due to late reporting and absence of mention of that injury in the clinical records for some 13 months post-accident; Held – Review Panel found 5% WPI for injury to cervical spine and 4% WPI for injury to left ankle; certificate revoked.

Decision date: 26 November 2025 | Panel Members: Member Gary Victor Patterson, Dr Sophia Lahz, and Dr Thomas Rosenthal | Injury module: Spine, Upper Limb, Lower Limb, and Brain Injury

Cauchi v AAI Limited t/as AAMI [2025] NSWPICMP 927

Motor Accident Injuries Act 2017; review of medical assessment; assessment of treatment and care; left knee ligament reconstruction; right knee tibial and lengthening surgery; prior left knee subluxing during pregnancy; front seat passenger in motor vehicle struck on passenger side; airbags deployed; right knee bruising; tear in the medial meniscus repair; medial patella femoral ligament left knee repair; tibial band lengthening surgery performed; prior right and left patella dislocations prior to motor vehicle accident; right leg injured in accident; surgery required for right knee to improve it symptomatically; Held – left knee surgery not related to an injury caused by the accident; right knee tibial band lengthening surgery caused by accident and reasonable and necessary in the circumstances.

Decision date: 26 November 2025 | Panel Members: Member Hugh Macken, Dr Drew Dixon, and Dr David Gorman | Injury module: Treatment Type: Surgery

AAI Limited t/as AAMI v Huang [2025] NSWPICMP 928

Motor Accident Injuries Act 2017; review of certificate and reasons of Medical Assessor (MA); finding that the claimant had a non-threshold injury with a diagnosis of post-traumatic stress disorder; claimant injured in a motor vehicle accident in rear end collision; claimant had previously been injured in another accident and for which she had continuous treatment up to the time of the subject accident; claimant had not worked since the time of the first accident; Review Panel not satisfied that all of the criterion for a diagnosis of post-traumatic stress disorder satisfied; Held – whilst the claimant was being treated for a psychiatric disability arising from the first accident and which the Review Panel determined was a somatic symptom disorder with persistent and predominant pain the accident the subject of this claim had aggravated and made worse the claimant’s condition; the Review Panel was satisfied that a psychological condition can be present at any time to establish that an injury is not threshold injury; Lynch v AAI Limited considered; Held – certificate of MA revoked and new certificate that the claimant had a non-threshold injury diagnosed as a somatic symptom disorder with persistent and predominant pain (somatic symptom disorder).

Decision date: 26 November 2025 | Panel Members: Member Alexander Bolton, Dr John Baker, and Dr Ankur Gupta | Injury module: Mental and Behavioural

Allianz Australia Insurance Limited v Meyer [2025] NSWPICMP 929

Motor Accidents Injuries Act 2017; treatment and care disputes; claimant’s vehicle was struck at high speed by one of two other vehicles that were drag racing; claimant was trapped in his vehicle which rolled; ambulance and police officers attended; claimant was extricated from his vehicle and transported to the hospital by air ambulance; claimant sustained multiple life threatening injuries and may have sustained a mild traumatic brain injury; Medical Assessor certified that ongoing home care services, Lite-n-Easy meals reimbursements and travel reimbursements relates to the injury caused by the accident; insurer’s review application; claimant re-examined; insurer disputed causation on the basis that the disputed care and treatment was due to claimant’s cognitive decline rather than accident-related injuries; Held – Review Panel satisfied that there was no evidence to support that contention; certificate confirmed.

Decision date: 26 November 2025 | Panel Members: Member Gary Victor Patterson, Dr Margaret Gibson, and Dr Lauren Alach | Treatment Type: Attendant Care Services

Allianz Australia Insurance Limited v Meyer (No 2) [2025] NSWPICMP 930

Motor Accidents Injuries act 2017; treatment and care disputes; claimant was involved in a serious motor accident; claimant’s vehicle was struck at high speed by one of two other vehicles that were drag racing; claimant was trapped in his vehicle which rolled; ambulance and police officers attended; claimant was extricated from his vehicle and transported to the hospital by air ambulance; claimant sustained multiple life threatening injuries and may have sustained a mild traumatic brain injury; Medical Assessor certified that the request for ongoing home care services, Lite-n-Easy meals reimbursements and ongoing travel reimbursements is reasonable and necessary; parties redefined the referred treatment requests; claimant reassessed in his home; Held – Review Panel found that care comprising 4.5 hours of weekly personal care and support, and seven prepared meals per week is reasonable and necessary but that all travel reimbursements for claimant’s daughter are not; certificate revoked.

Decision date: 26 November 2025 | Panel Members: Member Gary Victor Patterson, Dr Margaret Gibson, and Dr Lauren Alach | Treatment Type: Attendant Care Services

Workers Compensation Medical Appeal Panel Decisions

BRP v Sheridan Equipment Pty Ltd [2025] NSWPICMP 728

Workplace injury management and Workers Compensation Act 1988 Act; whether Medical Assessor (MA) assessed the totality of the medical dispute referred for assessment; whether MA had regard to the totality of the clinical material provided to him; whether MA provided adequate reasons for his assessment; Held – MA did not assess all matters in dispute between the parties relating to the degree of the appellant’s permanent impairment because the MA did not consider whether the appellant had any permanent impairment relating to his nervous system due to aphasia or dysphasia and emotional or behavioral disorders; MA did not have regard to all of the clinical material, but rather relied on the summation an IME had provided of that material; MA did not provide sufficient reasons for his assessment; appellant re-examined; Medical Assessment Certificate revoked.

Decision date: 19 September 2025 | Panel Members: Member Marshal Douglas, Dr John O’Neill, and Dr Sophia Lahz | Body system: Central & Peripheral Nervous System, Visual System, Right Upper Extremity, Thoracic Spine, Scarring (TEMSKI), and Facial Disfigurement

Metal Manufacturers Ltd v French [2025] NSWPICMP 905

Workplace injury management and Workers Compensation Act 1988 Act (1998 Act); Workers Compensation Act 1987; medical appeal panel; sections 323 and 327(3) the 1998 Act; demonstrable error; previous injury; pre-existing condition or abnormality; reasoning; Cullen v Woodbrae Holdings Pty Ltd, and AAMI Limited v Fitzpatrick considered and applied; Held – Medical Assessment Certificate confirmed.

Decision date: 19 November 2025 | Panel Members: Member John Turner, Dr Michael Hong, and Dr John Lam-Po-Tang | Body system: Psychological/Psychiatric

Collins v Svanen Charters Pty Ltd [2025] NSWPICMP 906

Workplace Injury Management and Workers Compensation Act 1998; injury to lumbar spine; Medical Assessor did not assess impairment because he found there was no injury; worker appealed; respondent did not dispute that the Medical Assessor had fallen into error by making a finding on causation which was outside his province; Held – re-examination necessary; Medical Assessment Certificate revoked.

Decision date: 19 November 2025 | Panel Members: Member Jane Peacock, Dr James Bodel, and Dr Tommasino Mastroianni | Body system: Right Lower Limb, Scarring (TEMSKI), and Lumbar Spine

Gualdi v Endeavour Group Ltd [2025] NSWPICMP 907

Workplace Injury Management and Workers Compensation Act 1998; assessment of 7% whole person impairment (WPI) of the lumbar spine; Appeal Panel found error in the history taken by the Medical Assessor concerning referred pain and error in failing to provide sufficient details and reasons in his examination findings concerning the criteria in the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4th ed 1 March 2021 at 4.27; Held – applicant re-examined and assessed at 7% WPI; Medical Assessment Certificate confirmed as the review has not lead to a different result.

Decision date: 19 November 2025 | Panel Members: Member Carolyn Rimmer, Dr Tommasino Mastroianni, and Dr Robert Kuru | Body system: Lumbar Spine

Woodcraft v CBHS Health Fund Ltd [2025] NSWPICMP 908

Workplace Injury Management and Workers Compensation Act 1998; psychological injury; appellant worker alleged assessment on the basis of incorrect criteria and demonstrable error in the making of assessments under three of the psychiatric impairment rating scale categories (PIRS) (self-care and personal hygiene, social and recreational activities, and social functioning); Appeal Panel considered that the Medical Assessor’s path of reasoning was inadequate, and it was not clearly discernible from the reasons given in the Medical Assessment Certificate (MAC) that the assessments under the contested PIRS categories were based upon the correct criteria; Held – re-examination was considered necessary in the circumstances of a finding of error; MAC revoked.

Decision date: 19 November 2025 | Panel Members: Member Jane Peacock, Dr John Baker, and Dr Ash Takyar | Body system: Psychological/Psychiatric

Two Man Australia Pty Ltd v Kim [2025] NSWPICMP 909

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); assessment of the cervical spine, lumbar spine, and right upper extremity; whether the Medical Assessor (MA) failed to correctly convert right upper extremity impairment to whole person impairment (WPI); whether the MA failed to have regard to evidence of a pre-existing condition in the cervical spine and lumbar spine; whether the MA failed to apply section 323; Held – MA erred in converting right upper extremity impairment to WPI; the MA erred in failing to have regard to evidence of a pre-existing degenerative condition of spondylosis; pre-existing condition contributed to impairment assessed despite being asymptomatic and a section 323 deduction of one-tenth was required in relation to assessment of the cervical spine and lumbar spine; MAC revoked.

Decision date: 20 November 2025 | Panel Members: Member Kathryn Camp, Dr Drew Dixon, and Dr Gregory McGroder | Body system: Cervical Spine, Lumbar Spine, Right Upper Extremity, Right Lower Extremity, and Scarring (TEMSKI)

Killmore v Courtyard Enterprises Pty Ltd [2025] NSWPICMP 910

Workplace Injury Management and Workers Compensation Act 1998; whether Medical Assessor (MA) obtained a correct history; whether MA explained or adequately explained why making an assumption pursuant to section 323(2) that the deductible proportion for section 323(1) is one-tenth is at odds with the evidence; whether MA erred by making a deduction under section 323(1) of one-half; Held – MA obtained a correct history; MA did not adequately explain why making an assumption under section 323(2) that the deductible proportion is one-tenth is at odds with the evidence; MA erred by not making that assumption; Medical Assessment Certificate revoked.

Decision date: 20 November 2025 | Panel Members: Member Marshal Douglas, Dr Robert Kuru, and Dr David Crocker | Body system: Lumbar Spine, and Scarring

ISS Facility Services v Mihailovic [2025] NSWPICMP 911

Workplace Injury Management and Workers Compensation Act 1998; appellant submits that the Medical Assessor erred in failing to make a section 323 deduction contrary to the evidence; Held – Appeal Panel found prior conditions did not contribute to the work injury impairment; Medical Assessment Certificate confirmed.

Decision date: 21 November 2025 | Panel Members: Member Deborah Moore, Dr Michael Hong, and Dr John Baker | Body system: Psychological/Psychiatric

Cordell v Healius Ltd [2025] NSWPICMP 912

Workplace Injury Management and Workers Compensation Act 1998; assessment of left and right upper extremities including carpal tunnel syndrome and the bilateral wrists; although Medical Assessor (MA) failed to refer to Tables 1016.10 and 16.11 in American Medical Association Guides to the Evaluation of Permanent Impairment, 5th ed, this error was not one of substance and had no material effect on the outcome; no error in assessing the left wrist using range of motion and not strength evaluation; MA provided a clear path of reasoning; assessment not outside the terms of the referral as the assessment by the MA was consistent with the referral; Held – Medical Assessment Certificate confirmed.

Decision date: 21 November 2025 | Panel Members: Member Carolyn Rimmer, Dr Drew Dixon, and Dr Gregory McGrowder | Body system: Left Upper Extremity, and Right Upper Extremity

Frecklington v Haydn John Jobson (t/as Canowindra Bottleshop Bottlemart) [2025] NSWPICMP 919

Workplace Injury Management and Workers Compensation Act 1998; psychological injury; worker alleged assessment on the basis of incorrect criteria and demonstrable error in the making of assessments under one of the psychiatric impairment rating scale categories (concentration, persistence and pace); employer cross-appealed in respect of the treatment of the secondary psychological condition; Held – no error found; Medical Assessment Certificate confirmed.

Decision date: 24 November 2025 | Panel Members: Member Jane Peacock, Dr Ash Takyar, and Dr Michael Hong | Body system: Psychological/Psychiatric

Grid Electrical Services Pty Ltd v Campbell [2025] NSWPICMP 920

Workplace Injury Management and Workers Compensation Act 1998; medical appeal; assessment of impairment arising from carpal tunnel syndrome; loss of range of motion and sensory loss in fingers of both hands; Tables 16-5, 16-6 and 16-7 of American Medical Association Guides to the Evaluation of Permanent Impairment, 5th ed; whether sensory loss absent, partial, or total; insufficient reasons necessitated re-examination; Held – Medical Assessment Certificate revoked.

Decision date: 24 November 2025 | Panel Members: Member Parnel McAdam, Dr Tim Anderson, and Dr Drew Dixon | Body system: Right Upper Extremity, and Left Upper Extremity

Ryan v TBE Environmental Pty Ltd [2025] NSWPICMP 921

Workplace Injury Management and Workers Compensation Act 1998; appellant submits that the Medical Assessor erred in his assessment of two psychiatric impairment rating scale categories; Held – Appeal Panel found no errors regarding self-care and personal hygiene; Appeal Panel determined error and re-examination done regarding travel; re-examination the Medical Assessor’s assessment was confirmed; Medical Assessment Certificate confirmed.

Decision date: 24 November 2025 | Panel Members: Member Deborah Moore, Dr Michael Hong, and Dr Ash Takyar | Body system: Psychological/Psychiatric

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

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