Legal Bulletin No. 278

Issued 18 September 2026

Welcome to the two hundred and seventy-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.

Supreme Court Decisions

AAI Limited trading as AAMI v Agyei [2026] NSWSC 1087

Administrative law; jurisdictional error; error on the face of the record; where third defendant made a decision about an issue already determined; where original decision was not referred in accordance with the statutory regime in Motor Accident Injuries Act 2017 (NSW); where as a result subsequent decisions lacked jurisdiction; whether relief ought be refused on discretionary grounds; acquiescence;  extension of time to commence proceedings; Uniform Civil Procedure Rules 2005 (NSW), rule 59.10; Held - extend the time for the filing of the summons; leave granted to the plaintiff to file an amended summons ; ;set aside the certificate issued by the third defendant on 8 October 2023 which certified that the psychiatric injury sustained by the first defendant was a threshold injury; set aside the fourth defendant’s decision made on 11 April 2024 to refer to the second defendant the first defendant’s application for review of the third defendant’s medical assessment that the psychiatric injury  sustained was a threshold injury; set aside the certificate issued by the second defendant on 30 May 2025 which certified that the psychiatric injury sustained by the first defendant was not a threshold injury; make no order as to costs.

Decision date: 11 September 2026 | Before: Adamson JA

Ivanovic v Mullungeen Pty Ltd [2026] NSWSC 1119

Administrative law; judicial review; Appeal Panel of Personal Injury Commission; whether Panel took into account irrelevant considerations; whether Panel exceeded the jurisdiction conferred by s 328(2) of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) by providing a new diagnosis and reassessing whole person impairment; whether procedural fairness was denied by not giving the plaintiff an opportunity to respond to the new diagnosis and WPI assessment; whether the Panel failed to provide a collective decision; Held – the Medical Assessment Certificate issued by the Appeal Panel on 23 September 2025 is set aside; the matter is remitted to the second defendant for determination according to law; the first defendant is to pay the plaintiff’s costs of the proceedings;. the first defendant and plaintiff have leave to make any submissions as to an alternative costs order within 7 days; no order is made as to the costs of the second and third defendants.

Decision date: 16 September 2026 | Before: Elkaim AJ

Presidential Member Decision

Busuttil v NSW Health Service – South Eastern Sydney Local Health District [2026] NSWPICPD 42

Workers compensation; factual error, application of Paric v John Holland Constructions Pty Ltd; Hancock v East Coast Timber Products Pty Ltd; Held – respondent’s identity is amended to NSW Local Health Service – South Eastern Sydney Local Health District; appeal is dismissed; the Member’s orders made on 26 November 2025 are confirmed.

Decision date: 8 September 2026 | Before: Deputy President Michael Snell

Motor Accidents non-Presidential Member Decisions

Ziaeipour v Transport Accident Commission [2026] NSWPIC 521

Motor Accident Injuries Act 2017, Personal Injury Commission Act 2020, andPersonal Injury Commission Rules 2021; application by insurer to issue a direction for production of loan documents from a Bank; claim for damages  including economic loss; application of principles discussed the Court of Appeal in Secretary of the Department of Planning, Industry and Environment v Blacktown City Council; claimant in receipt of statutory benefits from motor accident; evidence showed application for loan following motor accident; observations that practice objecting to third party directions are often based on a lack of meritorious submissions; insurer entitled to test assertions such as absence of earnings; common human experience that a loan application will be accompanied by proof of earnings; Held – leave granted to insurer to issue direction with minor amendment.

Decision date: 21 August 2026 | Principal Member: John Harris

Duckworth v Insurance Australia Limited t/as NRMA Insurance [2026] NSWPIC 526

Motor Accident Injuries Act 2017; Personal Injury Commission Rules 2021; application by insurer for exemption of hearing of claim before the Commission; claimant involved in motor vehicle accident on 1 July 2020; claimant was initially out of time for commencement of proceedings but ultimately the insurer was satisfied that a full and satisfactory explanation had been provided; claimant injured at work when run over by a truck in factory premises; claim involves CTP insurer and workers compensation insurer and liability issues; claimant likely to be assessed both as a workers compensation claim and a motor accident claim; claimant subsequently injured in another work-related claim at the same factory premises; claimant did not oppose the application for exemption; Member satisfied that rule 99(3)(a) and (b) satisfied due to complex legal and factual circumstances and issues of contributory negligence and also noting the possibility of regulation 14(d) with the involvement of another insurer; Member recommended that claim be exempted; Held – recommendation subsequently approved  by the Division Head, as the President’s delegate.

Decision date: 7 September 2026 | Member: Alexander Bolton

Workers Compensation non-Presidential Member Decisions

Ryan v Allan Ryan Machinery Hire Pty Ltd & Ors [2026] NSWPIC 511

Workers Compensation Act 1987; claim in respect of death of a worker; liability admitted; parties reached in-principal apportionment of benefit; whether apportionment appropriate in circumstances; Held – the proposed apportionment is appropriate given the evidence in the matter, which discloses no other dependents on the deceased at his date of death; respondent to pay benefit together with interest in accordance with proposed settlement.

Decision date: 27 August 2026 | Member: Cameron Burge

Rashem v Big Fresh Group Pty Ltd atf Big Fresh Group Trust [2026] NSWPIC 522

Workers Compensation Act 1987; claimant suffered multiple injuries in fall; whether her lumbar spine was injured, whether pre-existing lumbar condition was the cause of her complaints, whether failure by claimant to include back in the first report to her General Practitioner demonstrated that complaint 24 hours later was an unrelated continuum of treatment for the prior lumbar condition; Held – back complaint 24 hours later was nonetheless contemporaneous to the fall, which was violent involving a head and jaw injury; prior back condition not been treated for about three years, confirming intermittent symptoms as stated by claimant; caution regarding clinical notes considered, applying Qannadian v Barter Enterprises Pty Ltd, lumbar spine included in referral.

Decision date: 3 September 2026 | Member: John Wynyard

Ott v State of New South Wales (NSW Police Force) [2026] NSWPIC 523

Workplace Injury Management and Workers Compensation Act 1998; application by former police officer for permanent impairment compensation as a result of a punch to the left side of the jaw in the course of duty; liability for injury by way of assault accepted; whether assault caused brain injury of the contrecoup type; whether right sided brain pathology demonstrated by MRI scan resulted from the assault; Held – right sided brain pathology resulted from the assault; referred for assessment of whole person impairment (nervous system - brain).

Decision date: 4 September 2026 | Member: Richard Perrignon

Abdallah v Just Security Solutions Pty Ltd [2026] NSWPIC 524

Workers Compensation Act 1987; claim for lump sum compensation for consequential condition of obstructive sleep apnoea resulting from immobility and consequential weight gain arising from injury to the right ankle on 1 April 2022; respondent disputed the accepted ankle injury had materially contributed to the weight gain and obstructive sleep apnoea as the applicant had a lumbar spine injury in 2019 which caused much restriction in movement and immobility since 2019 and resulted in two surgical interventions post the ankle injury in 2023; also the applicant had failed to provide any contemporaneous records of weight gain; Murphy v Allity, Management Services Pty Ltd, Kooragang Cement Pty Ltd v Bates, and Kumar v Royal Comfort Bedding Pty Ltd; applicant failed to discharge onus as the bulk of the evidence reveals restrictions in activities of daily living and immobility arise from the lumbar spine injury in 2019 and whilst there have been some immobility due to the right ankle injury, such contribution was not a ‘material contribution’ on the balance of probabilities; Held – award for respondent with respect to consequential condition claimed.

Decision date: 7 September 2026 | Member: Diana Benk

Jory v State of New South Wales (South Eastern Sydney Local Health District) [2026] NSWPIC 525

Workers Compensation Legislation Amendment Act 2012 No 53, Workers Compensation Amendment Act 2015 No 18, Workers Compensation Legislation Amendment Act 2018 No 62, Workers Compensation Regulation 2016 (WC Regulation), and Workers Compensation Act 1987 (1987 Act); Accepted injury to the low back on 15 April 20029. Claim for weekly benefits compensation and medical and treatment expenses. Dispute in respect to the calculation of the applicant’s pre-injury average weekly earnings (PIAWE); incapacity for work and entitlement to medical and treatment expenses; subsections 32A, 33, 37, 44C, 44D, 44E, 44F, 44G, 44H, 59A, 60, clause 1 of Division 1 of Part 19H of Schedule 6, clause 3 of Division 1 of Part 19H of Schedule 6, clause 6 of Division 2 of Part 19H of Schedule 6, clause 2 of Part 19L of Schedule 6, clause 7 of Part 19L of Schedule 6, clause 2 of Part 19I of Schedule 6 and clause 11 of Part 19I of Schedule 6 of the Workers Compensation Act 1987;  subsections 32A, 37, 44C, 44D, 44E, 44F, 44G, 44H andsection 52A clause 3 of Part 1 of Schedule 8, and clause 5 of Schedule 8 of theWC Regulation; PIAWE; incapacity;  Zaki v Total Logistic Group Pty Limited, and Flying Solo Properties Pty Ltd t/as Artee Signs v Collet considered and applied; Held – applicant’sPIAWE to be $678.26 prior to indexation; award for the respondent in respect to the claim for additional payments of weekly compensation between 1 July 2017 and 3 June 2018; award for the respondent in respect to the applicant’s claim for weekly compensation under section 37 of the 1987 Act from 1 July 2022 to 11 December 2023, and from 7 February 2024 to date; the applicant had no current work capacity from 12 December 2023 to 6 February 2024; respondent to pay the applicant under section 37 of the 1987 Act the amount of $786.40 per week from 12 December 2023 to 6 February 2024; respondent is, pursuant to section 60 of the 1987 Act, to pay the costs of the treatment, services or assistance including the costs of and associated with the surgery on 12 October 2023 given or provided prior to 1 January 2014, from 17 January 2018 to 3 June 2018, and from 12 December 2023 to 6 February 2024.

Decision date: 7 September 2026 | Member: John Turner

McKenna v Incredible Transport NSW Pty Ltd [2026] NSWPIC 527

Workers Compensation Act 1987; claim in respect of death of a worker; applicant is the wife of the deceased, who also has children by a previous relationship; neither the deceased’s former wife nor those children responded to efforts to advise them of his death; likewise, the surviving siblings of the respondent did not reply to attempts to contact them; however, the evidence clearly discloses those persons were not dependent on the deceased at his date of death; applicant’s four adult children have provided statements that they were not dependent on the deceased for support at the date of his death; Held – the full amount of the death benefit is payable to the applicant, together with applicable interest.

Decision date: 8 September 2026 | Member: Cameron Burge

Fulmen v Marshalls Sydney Pty Ltd [2026] NSWPIC 528

Personal Injury Commission Act 2020; application pursuant to section 57(1) for reconsideration of decision dismissing proceedings pursuant to section 54; where proceedings involved a medical dispute as to the degree of permanent impairment; worker failed to attend a medical assessment or respond to subsequent communications from Commission; worker indicated he would refuse to attend a medical assessment if the proceedings were restored; whether treating medical report was illegally obtained; whether earlier decision of a Medical Appeal Panel certifying the applicant had not reached maximum medical improvement in reliance on the report was void; Held – application for reconsideration declined.

Decision date: 9 September 2026 | Senior Member:  Rachel Homan

Choi v State of New South Wales (Northern Sydney Local Health District) [2026] NSWPIC 529

Workplace Injury Management and Workers Compensation Act 1998 (1998 Act), and Workers Compensation Regulation 2016 (Regulation); applicant’s objection to admission of the respondent’s investigator’s report and annexures due to failure to attach it to the respondent’s liability notice in accordance with section 73 of the 1998 Act and clause 41 of the Regulation; Chown v Tony Madden Refrigeration Transport Limited, and Clews v Tritton Resources Pty Limited considered; Held – the investigator’s report dated 5 June 2024 and annexures was not included with the dispute notice dated 5 December 2025 as required by clause 41 of the Regulation and as a consequence it is not admissible in the proceedings before the Commission in accordance with section 73(3)(b) of the 1998 Act.

Decision date: 8 September 2026 | Member: Fiona Seaton

Motor Accidents Medical Review Panel Decisions

McLeod v Insurance Australia Limited t/as NRMA Insurance [2026] NSWPICMP 636

Motor Accident Injuries Act 2017; whether injuries caused by motor accident give rise to a permanent impairment that is greater than 10%; whether various injuries caused by accident have resolved; injury to right elbow assessed at 1% and 5% for lumbar spine; injuries to shoulders and cervical spine give rise to no assessable impairment as normal examination, pelvic fracture healed completely and no assessable impairment; Held – 6% whole person impairment; certificate revoked on basis that percentage differs.

Decision date: 27 August 2026 | Panel Members: Member Elizabeth Medland, Dr Drew Dixon, and Dr David Gorman | Injury module: Spine, Upper Limb, and Pelvis

Kim v AAI Limited t/as GIO [2026] NSWPICMP 653

Motor Accident Injuries Act 2017; review of medical assessment under section 7.26 ; dispute about degree of accident caused permanent impairment; original Medical Assessor certified the injuries referred for assessment were not caused by accident and that an assessment of impairment was not required; Held – claimant developed somatic symptom disorder and specific phobia (cars) as a result of the accident; because somatic symptom disorder is a somatoform disorder permanent impairment only assessed with respect to specific phobia; accident caused resulted in an impairment 7%; impairment not greater than 10%; certificate of assessment revoked.

Decision date: 1 September 2026 | Panel Members: Senior Member Brett Williams, Dr Melissa Barrett, and Dr Himanshu Singh| Injury module:  Mental and Behavioural

Insurance Australia Limited t/as NRMA Insurance v Lim [2026] NSWPICMP 660

Motor Accident Injuries Act 2017; section 1.6(3); Review Panel; whole person impairment (WPI); post-traumatic stress disorder; persistent depressive disorder self-care and personal hygiene; social functioning; concentration, persistence, and pace; adaption; treatment dispute; psychological counselling; assessment of WPI; the claimant was injured in a motor vehicle accident on 7 October 2021; the Medical Assessor (MA) certified the claimant had sustained a 16% WPI as a result of post-traumatic stress disorder (PTSD) and persistent depressive disorder caused by the accident; insurer sought review; Held – claimant had PTSD and persistent depressive disorder caused by the accident; certificate of MA revoked; review of Psychiatric impairment rating scale (PIRS) categories and assessed 15% WPI; psychological counselling reasonable and necessary and related to injury caused by the accident.

Decision date: 3 September 2026 | Panel Members: Senior Member Susan McTegg, Dr Christopher Canaris, and Dr John Lam-Po-Tang| Injury module: Mental and Behavioural; Treatment Type: Psychological Treatment

Zycki v Insurance Australia Limited t/as NRMA Insurance [2026] NSWPICMP 661

Motor Accident Injuries Act 2017; Review Panel review of medical assessment; whether injuries caused by motor accident give rise to a permanent impairment greater than 10%; cyclist hit by vehicle; fracture to left hip; injury to lumbar spine, and left knee also referred with causation in dispute; found forces of motor accident sufficient to give rise to injuries alleged; prior lumbar spine pain; issues as to lack of contemporaneous complaint; Held – accident did cause injuries to lumbar spine, left knee, left hip, and scarring; permanent impairment assessed at 11%; certificate revoked.

Decision date: 3 September 2026 | Panel Members: Member Elizabeth Medland, Dr David Gorman, and Dr Drew Dixon | Injury module: Spine, Lower Limb, and Skin

Kenny v Allianz Australia Insurance Limited [2026] NSWPICMP 662

Motor Accident Injuries Act 2017 (MAI Act); Review Panel of medical assessment; whether injury caused by the motor accident is a threshold injury for the purposes of the MAI Act; claimant an alighting passenger of a bus when doors were closed on her; allegation of injuries to the shoulders, hips, lumbar spine, and cervical spine; CCTV footage of incident viewed by Review Panel; examination via Microsoft Teams; causation not established; accident mechanism not likely to have been capable of causing an injury to the body parts referred; injury likely only to left elbow which was not referred and has since resolved; longstanding history in respect of back and hips; Held – injuries not caused by the motor accident; certificate revoked.

Decision date: 3 September 2026 | Panel Members: Member Elizabeth Medland, Dr Mohammed Assem, and Dr Margaret Gibson | Injury module: Spine, Upper Limb, Lower Limb, and Digestive System

Allianz Australia Insurance Limited v Le [2026] NSWPICMP 663

Motor Accident Injuries Act 2017; review of certificate and reasons of the original Medical Assessor (MA) dated 18 March 2025 who diagnosed the claimant as having post-traumatic stress disorder with delayed expression and being a non-threshold injury; claimant involved in an accident on 21 December 2023 involving moderate impact; the claimant had extensive trauma exposure in war and representing the South Vietnamese army enduring difficult wartime experiences and torture; claimant was eventually able to immigrate to Australia but only after travelling by boat and uncertainty with that; following the accident the claimant immediately experienced trauma reliving his wartime experiences which he had not previously experienced; Review Panel diagnosed the claimant is suffering a major depressive disorder with anxious distress which is a non-threshold injury; Held – certificate of the MA revoked.

Decision date: 3 September 2026 | Panel Members: Member Alexander Bolton, Dr John Baker, and Dr Surabhi Verma| Injury module: Mental and Behavioural

Raye v Insurance Australia Limited t/as NRMA Insurance [2026] NSWPICMP 664

Motor Accident Injuries Act 2017; application by claimant for review under section 7.26 of a medical assessment of the degree of his whole person impairment (WPI); original Medical Assessor (MA) found 10% WPI; parties agreed to fractured ribs and lacerated spleen had healed and did not need to be assessed; insurer conceded causation and diagnosis leaving elbow and scarring to be assessed; insurer lodged original application for medical assessment and did not list left shoulder to be assessed; claimant mentioned left shoulder in original submissions but left shoulder not assessed by original assessor; claimant requested Review Panel assess left shoulder; insurer objected; claimant examined by one MA on behalf of the Review Panel; Held – left shoulder not assessed but impairment indicated; claimant’s WPI assessed at 12%; original medical certificate revoked and fresh certificate issued.

Decision date: 3 September 2026 | Panel Members: Member Belinda Cassidy, Dr Drew Dixon, and Dr Margaret Gibson| Injury module: Upper Limb, and Digestive System

CML v Insurance Australia Limited t/as NRMA Insurance [2026] NSWPICMP 666

Motor Accident Injuries Act 2017; review of medical assessment; threshold injury dispute; psychological injury; Medical Assessor certified post-traumatic stress disorder (PTSD) and major depressive disorder caused by the accident are not threshold injuries; Todev v AAI Limited t/as GIO,  Angileri v Allianz Australia Insurance Limited, and CAO v Allianz Australia Insurance Limited considered and applied; Held – the claimant had pre-existing PTSD and a chronic major depressive disorder; the accident resulted in an increase in the claimant’s symptoms and further loss of functioning; PTSD aggravated as a result of the accident; aggravation of PTSD not a threshold injury; new certificate issued given Review Panel’s findings differed for those certified in assessment under review.

Decision date: 4 September 2026 | Panel Members: Senior Member Brett Williams, Dr Christoper Canaris, and Dr Surabhi Verma| Injury module: Mental and Behavioural

AAI Limited t/as AAMI v Haining [2026] NSWPICMP 667

Motor Accident Compensation Act 1999; review of certificate and reasons of the original Medical Assessor (MA) of 14 August 2024 who found the claimant had a whole person impairment of 17%; claimant involved in a car versus pushbike accident on 15 September 2016 suffering numerous physical injuries and requiring a C5/6 and C6/7 foraminotomy and decompression surgery in 2023; Held – Review Panel found that except for the injury to the claimant cervical spine, his other injuries were either soft tissue injuries and/or resolved; Review Panel assessed injury to the claimant’s cervical spine as 5% WPI; certificate of original MA revoked.

Decision date: 7 September 2026 | Panel Members: Member Alexander Bolton, Dr Sophia Lahz, and Dr Margaret Gibson| Injury module: Spine, Upper Limb, and Lower Limb

Mariadas v AAI Limited t/as AAMI [2026] NSWPICMP 668

Motor Accident Injuries Act 2017; Review Panel review of medical assessment; treatment dispute; total right knee replacement; issues of causation; motor accident not such that could give rise to the pathology in the knee or have caused material aggravation; soft tissue injury only of a minor nature with ongoing complaints related to pre-existing unrelated degenerative condition; Held – surgery not related to the injury caused by the motor accident; surgery not reasonable and necessary, surgery not appropriate treatment given mild to moderate degree of osteoarthritis, and pain focus; other treatment options more appropriate; certificate revoked.

Decision date: 7 September 2026 | Panel Members: Member Elizabeth Medland, Dr Sophia Lahz, and Dr Rhys Gray | Injury module: Treatment Type: Surgery

Insurance Australia Limited t/as NRMA Insurance v Al Majidi [2026] NSWPICMP 669

Motor Accident Injuries Act 2017; medical assessment of “threshold” psychiatric injury; insurer’s application for review under section 7.26; claimant aged 12 at time of accident now aged 15; claimant one of three siblings in car driven by her father when car came out suddenly from a side street and impacted the family car; original Medical Assessor (MA) diagnosed “other specified trauma and stressor related disorder” and two other “conditions”; claimant re-examined in presence of father by both MAs; diagnosis of posttraumatic stress disorder (in partial remission) made and David v Allianz Australia Insurance Limited, and Lynch v AAI Limited t/as AAMI applied; Held – no change to outcome (claimant had non-threshold injury) but certificate revoked due to inclusion of two “disorders” not recognised in Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition.

Decision date: 7 September 2026 | Panel Members: Member Belinda Cassidy, Dr Thomas Newlyn, and Dr Paul Friend | Injury module: Mental and Behavioural

Wo v Allianz Australia Insurance Limited [2026] NSWPICMP 670

Motor Accidents Injuries Act 2017; threshold injury dispute; psychological injury; claimant was the driver of a stationary car that was hit from behind by a truck and pushed against a tanker in front; original Medical Assessment Certificate (MAC) diagnosed adjustment disorder with mixed anxiety and depressed mood; dash cam footage (front & rear) showing accident; actions of tanker driver considered in connection with motor accident; Held – Review Panel found post-traumatic stress disorder caused by the motor accident; previous unrelated work wrist injury caused some psychological symptoms (interrupted sleep due to pain, anxiety/low mood due to inability to work, and marital disharmony) but did not alter Review Panel’s diagnosis; post-traumatic stress disorder is a recognised psychiatric disorder and is not a threshold injury; MAC revoked; new Certificate issued.

Decision date: 7 September 2026 | Panel Members: Member Jeremy Lum, Dr Wayne Mason, and Dr John Lam-Po-Tang | Injury module: Mental and Behavioural

Allianz Australia Insurance Limited v Mankoo [2026] NSWPICMP 673

Motor Accident Injuries Act 2017; review of medical assessment; assessment of treatment and care-causation; delay in reporting knee pain; knee injury recurrence; workers compensation claim lodged for knee injury; no clear history of knee pain at the time of the subject motor accident; no contemporaneous records of knee injury; knee injury not caused by subject motor accident; Held – certificate revoked.

Decision date: 8 September 2026 | Panel Members: Member Hugh Macken, Dr Margaret Gibson, and Dr Drew Dixon | Injury module: Treatment Type: Medical Specialist Consultation

Abdi v QBE Insurance (Australia) Limited [2026] NSWPICMP 674

Motor Accidents Injuries Act 2017; review of certificate and reasons of original Medical Assessor (MA) of 30 June 2025 who assessed the claimant as having a whole person impairment (WPI) of 7% and that some treatment and care was reasonable and some was not; claimant involved in a motor vehicle accident on 13 July 2023 in moderate impact rear end collision; claimant had delayed complaints of several areas of injury; issues of pre-existing conditions for consideration; insurer relied on extensive surveillance evidence which indicated the claimant was capable of many activities including working, extending arms above shoulder height, moving neck from side to side and activities generally which he had said he could not undertake; Held – Review Panel not satisfied that tears claimed by the plaintiff to his shoulders and knees were not pre-existing and caused by the accident; Review Panel satisfied that the claimant had soft tissue injuries generally as a result of the accident but not satisfied that the treatment and care claimed was reasonable or necessary; WPI assessed at 7%; certificate of MA revoked.

Decision date: 8 September 2026 | Panel Members: Member Alexander Bolton, and Dr Shane Moloney, and Dr Drew Dixon| Injury module: Spine, Upper Limb, and Lower Limb; Treatment Type: Medical Specialist Consultation, Radiological Investigations, and Physiotherapy Treatment

Nesa v Insurance Australia Limited t/as NRMA Insurance [2026] NSWPICMP 675

Motor Accident Injuries Act 2017; claimant injured in a motor vehicle accident in December 2021; dispute as to Whole Person Impairment (WPI); Medical Assessor (MA) assessed claimant; certified WPI of 7%; major depressive episode, chronic, with anxiety, and specific phobia (driving); on review, claimant re-examined by Review Panel; Held – Review Panel concluded that claimant developed a persistent depressive disorder with a persistent major depressive episode with anxious distress and specific phobia (driving and travel); Review Panel determined mild impairment in self-care, moderate impairment in social and recreational activities, moderate impairment in travel, mild impairment in social functioning, moderate impairment in concentration, persistence and pace, and a mild impairment in adaptation; 15% WPI; determination of MA revoked.

Decision date: 8 September 2026 | Panel Members: Member Terence Stern OAM, Dr Thomas Newlyn, and Dr Gerald Chew| Injury module: Mental and Behavioural

QBE Insurance (Australia) Limited v Livingstone [2026] NSWPICMP 676

Motor Accident Injuries Act 2017; Medical Review Panel; threshold injury; motorcycle collision; dispute as to causation of left knee bucket-handle tear; no specific knee complaint recorded at hospital but severe left knee pain and inability to weight-bear reported the following day, with contemporaneous effusion; delayed MRI demonstrated bucket-handle tear of lateral meniscus; no pre-existing symptoms or intervening injury; conflicting radiological opinions as to chronology afforded limited weight; Review Panel satisfied accident caused meniscal tear; complete or partial rupture of meniscus excluded from definition of soft tissue injury; cervical, thoracic, lumbar and bilateral shoulder injuries were threshold injuries; Held – left knee bucket-handle tear caused by accident and was a non-threshold injury; Medical Assessor’s certificate revoked and replaced.

Decision date: 8 September 2026 | Panel Members: Member Bridie Nolan, Dr David Gorman, and Dr Margaret Gibson| Injury module: Spine, Upper Limb, and Lower Limb

Workers Compensation Medical Appeal Panel Decisions

GPC Asia Pacific Pty Ltd v Thomas [2026] NSWPICMP 646

Workplace Injury Management and Workers Compensation Act 1998; the appellant submits that the Medical Assessor erred in failing to make a deduction pursuant to section 323 and erred in the assessments of two of the Psychiatric impairment rating scale categories, namely travel and employability; Held – Appeal Panel agreed error in failing to make a deduction pursuant to section 323 and error in the category of travel; Medical Assessment Certificate revoked.

Decision date: 28 August 2026 | Panel Members: Member Deborah Moore, Dr Douglas Andrews, and Dr Michael Hong| Injury module: Psychiatric/Psychological

Trotter v Secretary (Department of Education) [2026] NSWPICMP 651

Workplace Injury Management and Workers Compensation Act 1998; in summary, the appellant submits that the Medical Assessor erred in their whole person impairment assessment of two of the categories of the psychiatric impairment rating scale, namely social and recreational activities and concentration, persistence and pace; Appeal Panel found no errors; the assessments were consistent with the evidence; Medical Assessment Certificate confirmed.

Decision date: 31 August 2026 | Panel Members: Member Deborah Moore, Dr Douglas Andrews, and Dr Michael Hong| Injury module:  Psychiatric/Psychological

Riverina Medical & Dental Aboriginal Corporation v Martin [2026] NSWPICMP 665

Workplace Injury Management and Workers Compensation Act 1998; assessment of whole person impairment of psychiatric injury; appeal on the grounds of demonstrable error and the application of incorrect criteria in the assessment of the psychiatric impairment rating scale category of social functioning; Appeal Panel satisfied that Medical Assessor erred in assessing social functioning as Class 3; cross appeal in respect of assessment of social and recreational activities; Appeal Panel satisfied that there was no error in assessment of social and recreational activities. Held – Medical Assessment Certificate revoked.

Decision date: 3 September 2026 | Panel Members: Member Carolyn Rimmer, Dr Michael Hong, and Dr Ash Takyar | Injury module: Psychiatric/Psychological

Connecting Families Pty Ltd v Mitchell-Wills [2026] NSWPICMP 671

Workplace Injury Management and Workers Compensation Act 1998; the appellant submits that the Medical Assessor erred in his assessments under two categories of the psychiatric impairment rating scale, namely concentration, persistence and pace, and employability; Held – Appeal Panel found no errors; the assessment was consistent with the evidence; Medical Assessment Certificate confirmed.

Decision date: 7 September 2026 | Panel Members: Member Deborah Moore, Dr John Baker, and Dr Douglas Andrews | Injury module: Psychiatric/Psychological

Secretary, Department of Education v Morris [2026] NSWPICMP 672

Workplace Injury Management and Workers Compensation Act 1998; psychological Injury; lump sum claim; appellant employer challenged the assessments in one of the six psychiatric impairment rating scale categories, namely social and recreational activities; Held – error found; Medical Assessment Certificate revoked.

Decision date: 7 September 2026 | Panel Members: Member Jane Peacock, Dr Douglas Andrews, and Dr Graham Blom | Injury module: Psychiatric/Psychological

Ward v Secretary, Department of Education [2026] NSWPICMP 677

Workplace Injury Management and Workers Compensation Act 1998; medical appeal; allegations of incorrect history recorded in the Medical Assessment Certificate (MAC); whether history correctly recorded; whether it made a difference to the outcome; assessment of activities of daily living; Held – history recorded not incorrect; regardless, had no impact on outcome of assessment; assessment of activities of daily living correct; MAC confirmed.

Decision date: 9 September 2026 | Panel Members: Member Parnel McAdam, Dr Rhys Gray, and Dr Alan Home | Injury module: Lumbar Spine, Right Upper Extremity, Left Upper Extremity, Left Lower Extremity, and Scarring/TEMSKI

Motor Accidents Merit Review Decision

Zainolabedin v Allianz Australia Insurance Limited [2026] NSWPICMR 38

Motor Accident Injuries Act 2017; merit review; dispute under division 3.3; calculation of pre-accident weekly earnings; requirement for action taken by the earner; requirement to establish a significant change in earning circumstances; change must occur before the motor accident; change must be the result of action taken by the owner; onus on claimant to establish change in circumstances; requirement for evidence of change in circumstance; Held – reviewable decision is affirmed.

Decision date: 4 September 2026 | Merit Reviewer: Hugh Macken

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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