Legal Bulletin No. 245

Issued 30 January 2026

Welcome to the two hundred and forty fifth edition of the Personal Injury Commission’s Legal Bulletin. Please see here for details about the legal citations used for the Commission’s decisions. The decisions listed below are now available on AustLII and will be available shortly, on Jade and Lexis Nexis. Any legislative updates are provided at the base of the Bulletin.

Motor Accidents non-Presidential Member Decisions

Cross v Insurance Australia Limited t/as NRMA Insurance [2026] NSWPIC 19

Motor Accident Injuries Act 2017; settlement approval under section 6.23(2)(b); accident as passenger; claimant sustained vertigo related injuries and psychological condition; period off work; subsequent return to pre-injury duties; chance of vertigo returning; insurer accepted claimant’s offer; proposed settlement fair, just and reasonable; Held – proposed settlement approved.

Decision date: 15 January 2026 | Member: Terence O'Riain

Alhussein v QBE Insurance (Australia) Limited [2026] NSWPIC 23

Motor Accident Injuries Act 2017; miscellaneous claims assessment; insurer’s application for review in respect of insurer’s determination the amount of statutory benefits that are payable under Division 3.3; miscellaneous claims matter under Schedule 2.3(f); claimant drove his Mitsubishi Triton utility into a causeway and as he attempted to cross it; vehicle was swept off the causeway by water; there were two passengers located in the rear tray of the vehicle; when the vehicle was swept into the creek; the two individuals went into the water and drowned; claimant pleaded guilty to two charges of negligent driving occasioning death; insurer became aware of the police charges an amended liability notice denying liability was issued on the basis the claimant was charged with a serious offence; claimant informed the insurer he was acquitted of other charges; insurer issued an updated notice accepting liability for the first 26-weeks; insurer became aware he had pleaded guilty to serious offences; determined the insurer has no discretion to pay benefits in circumstances where a serious driving offence was committed; Held – insurer pursuant to the provisions of section 3.37(1) is entitled to refuse payment of  statutory benefits to the claimant.

Decision date: 16 January 2026 | Member: David Ford

Insurance Australia Limited t/as NRMA Insurance v Deftereos [2026] NSWPIC 29

Motor Accident Injuries Act 2017; settlement approval; 85-year-old man runover in a carpark; serious injuries to his shoulder and a scaphoid fracture; his recovery is poor with minimal benefit from physiotherapy; depressed by his restrictions and disabilities; was an active independent man before the accident; retired for many years in receipt of an agreed pension; damages for non-economic loss; Held – settlement approved under section 6.23(2)(b) in the sum of $250,000 being within the range of likely potential damages if the claim was to proceed to assessment; proposed settlement just, fair and reasonable.

Decision date: 20 January 2026| Member: Elyse White

Workers Compensation non-Presidential Member Decisions

Tikkeros v Patrick J & Bronwyn A Murphy t/as Black Rock Café [2026] NSWPIC 17

Workers Compensation Act 1987; application for lump sum permanent impairment compensation pursuant to section 66; applicant had accepted injury to the left hand and left shoulder; whether the applicant sustained injury to the neck; consequential condition of the right shoulder and consequential condition of scarring; Held – applicant sustained injury to her neck; consequential condition of right shoulder and consequential scarring; matter remitted to the President for referral to a Medical Assessor.

Decision date: 14 January 2026| Member: Karen Garner

Lang v Ballina Shire Council [2026] NSWPIC 18

Workers Compensation Act 1987; sections 4(a) and 9A; rule 41 of the Personal Injury Commission Rules 2021; in the course of employment; substantial contributing factor; gross misconduct; serious and wilful misconduct; objection to Notice for Production; Hatzimanolis v ANI Corporation Ltd, Comcare v PVYW, Karim v Poche Engineering Services Pty Ltd, Walling v Mitchell Drilling Contractors Pty Ltd, Schinnerl v Commissioner of Police, R v Saleam, and O'Shane v Harbour Radio Pty Ltd considered and applied; Held –  respondent’s request made under Notice for Production that the applicant produce copies of holiday photographs is set aside; applicant sustained psychological injury whilst in the course of his employment with the respondent; applicant’s employment was a substantial contributing factor to the injury; Held – matter remitted to the President for referral to a Medical Assessor pursuant to section 321 of the Workplace Injury Management and Workers Compensation Act 1998 for assessment.

Decision date: 14 January 2026| Member: John Turner

Handsaker v Coles Group Ltd t/as Liquorland (Australia) Pty Ltd & Ors  [2026] NSWPIC 21

Workers Compensation Act 1987; claim for payment of death benefit; whether accepted injury to deceased worker in 2016 materially contributed to the condition which led to her death in 2021; consequential condition; test of causation; whether an actual persuasion of an asserted fact has been established; interest when claim is said to have been duly made for the purposes of calculating interest payable; the deceased worker suffered an accepted back injury in 2016; she underwent a great deal of treatment including but not limited to the prescription of powerful analgesic and anti-inflammatory medication; the deceased suffered a deep vein thrombosis (DVT) in late 2021 and ensuing pulmonary emboli; died on 29 December 2021; applicant, being the deceased’s husband, brings proceedings for the payment of the death benefit and funeral expenses (with interest); first respondent employer denied liability, placing in issue the question of causation of the DVT and subsequent emboli; Held – evidence discloses the deceased’s injury and the treatment of it by heavy doses of medication gave rise to a condition of hypomobility in the lead up to her death; evidence establishes the hypomobility caused by the injury made a material contribution to the onset of the DVT; first respondent ordered to pay the death benefit and funeral expenses to the applicant and the second to fourth respondent in accordance with the orders made in relation to apportionment; order the first respondent pay interest on the sums claimed.

Decision date: 15 January 2026| Member: Cameron Burge

ESP NSW Pty Ltd v Workers Compensation Nominal Insurer (iCare) & Anor [2026] NSWPIC 24

Workers Compensation Act 1987; application in response to recovery sought by Workers Compensation Nominal Insurer (icare) for workers compensation benefits paid to an injured worker; applicant disputes liability to reimburse icare on the basis that expert opinion was not provided in a fair climate; there are issues as to the extent of the worker’s incapacity and of the credibility of the worker; Paric v John Holland Constructions P/L considered; Held – worker was incapacitated and in need of medical treatment as a result of work injury notwithstanding the failure by the worker to disclose previous lower back problems to some doctors; issues of the worker’s credibility; weekly payments of compensation not fully recovered by icare as worker had some capacity for work following the work injury; medical expenses incurred by the worker were reasonably necessary as a result of his injury for the period in which recovery is sought by icare.

Decision date: 15 January 2026 | Member: John Isaksen

Pascoe v Roof Crew Pty Ltd [2026] NSWPIC 25

Workers Compensation Act 1987; applicant injured his knee whilst performing roofing duties; whether the applicant was an employee or a contractor; Held – finding was of a contract of employment.

Decision date: 16 January 2026| Member: Lea Drake

Shipley v Visscher Caravelle Australia Pty Ltd [2026] NSWPIC 26

Workers Compensation Act 1987; claim for proposed C6/7, C7/T1 anterior cervical decompression, and fusion surgery is reasonably necessary treatment as a result of the injuries sustained in the course of the applicant’s employment with the respondent on 31 January 2020 and 2 July 2020; respondent disputes the applicant sustained injury to the cervical spine in either incident in circumstances where there is an absence of contemporaneous medical evidence of such injury in the context where injury was identified in the thoracic spine; Held – injury to the cervical spine pursuant to section 4(a) is established in the applicant’s favour in respect to both dates of injury; finding made that proposed surgery is reasonably necessary treatment as a result of the injury in the course of the applicant’s employment with the respondent; Diab v NRMA Ltd applied; order made that the respondent is to pay the costs of the proposed surgery.

Decision date: 16 January 2026| Member: Josephine Bamber

Asgari v Ispark Electrical & Solar Pty Ltd [2026] NSWPIC 27

Workers Compensation Act 1987; applicant suffered a serious fall in 2018; as a result of continuing pain he developed nocturnal Bruxism and TMJ dysfunction over time; Held – other dental conditions were not included in order to pay section 60 expenses.

Decision date: 16 January 2026| Member: Lea Drake

FPO v ELI & Ors [2026] NSWPIC 28

Workers Compensation Act 1987; section 4A; whether the applicant was a director of the first respondent when not so named on the ASIC register; whether such a finding was open to the Personal Injury Commission; whether the finding was available on the evidence; Massoudi v Rose Truck Pty Ltd discussed; section 9AC of the Corporations Act 2001; statutory construction; terms with legal and ordinary meaning; Gamer’s Motor Centre (Newcastle) Pty Ltd v Natwest Wholesale Australia Pty Ltd applied; credit of witnesses; Watson v Foxman, Malco Engineering Pty Ltd v Ferreira, and Brown v Tavern Operator Pty Ltd discussed; applicant unreliable; whether the third respondent was accustomed to act as director in accordance with instructions of applicant; Buzzle Operations Pty Ltd (in liq.) v Apple Computer Australia Pty Ltd applied; Held – applicant was director of first respondent; award for the second respondent.

Decision date: 19 January 2026 | Member: Parnel McAdam

Keaton v Woolworths Group Ltd [2026] NSWPIC 30

Workers Compensation Act 1987; claim for compensation pursuant to section 60 for total right knee replacement surgery; acceptance of an “exacerbation” injury; proposed surgery is “indicated”; adequacy of expert reasons; pre-existing condition; gap in medical evidence; continuation of “symptoms”; evidentiary onus; dispute as to whether the proposed treatment is reasonably necessary as a result of accepted injury; Diab v NRMA Limited, Rose v Health Commission, Murphy v Allity Management Services Pty Ltd, Federal Broom Company Pty Limited v Semlitch, Purkess v Crittenden, and Watts v Rake considered and applied; Held – applicant established a prima facie case that her right knee symptoms resulted from the subject injury; injury materially contributed to the need for the surgery; respondent did not adduce evidence to displace the applicant’s prima facie case; award in favour of the applicant for the proposed surgery pursuant to section 60(5).

Decision date: 20 January 2026 | Member: Kathryn Camp

Carey v BGIS Pty Ltd [2026] NSWPIC 31

Workers Compensation Act 1987; claim for weekly benefits and medical expenses for accepted psychological injury; section 11A(1) defence; action taken with respect of discipline and/or dismissal; wholly or predominantly caused by reasonable action; culmination of a series of events rather than a single event or action; absence of critical evidence and explanation as to causation; duty to discharge onus of proof; Hamad v Q Catering Limited, and Nguyen v Cosmopolitan Homes considered and applied; Held – respondent failed to discharge its onus of establishing a defence under section 11A(1); award for the applicant for weekly benefits and medical expenses.

Decision date: 20 January 2026 | Member: Kathryn Camp

Motor Accidents Medical Review Panel Decisions

Allianz Australia Insurance Limited v Merhi [2026] NSWPICMP 15

Motor Accident Injuries Act 2017; assessment of whole person impairment (WPI) at 24%; insurer’s application for review under section 7.26; claimant injured when car driven deliberately at him while standing on a footpath; injuries alleged to spine, both shoulders, right thumb, and both knees; claimant re-examined by one Medical Assessor (MA); Held – Review Panel satisfied claimant could have and did sustain injuries to the alleged body parts; clinical findings led to assessment of 0% WPI for three regions of spine; range of motion model not to be adopted for shoulders and knees due to inconsistency; shoulders assessed by reference to analogous condition; left knee attracted 2% WPI on basis of undisplaced fracture; no assessable impairment for right knee; total WPI 7%; certificate of MA revoked.

Decision date: 14 January 2026 | Panel Members: Member Belinda Cassidy, Dr Shane Moloney, and Dr David Gorman | Injury module: Spine, Upper Limb, and Lower Limb

Insurance Australia Limited t/as NRMA Insurance v El Helwe [2026] NSWPICMP 17

Motor Accident Injuries Act 2017; degree of permanent impairment dispute; claimant stopped his car at red traffic lights; insured vehicle rear-ended the claimant’s vehicle at speed; after regaining consciousness he got out of his car, took photos and exchanged details with the other driver; claimant was able to drive himself home; claimant’s vehicle subsequently was written off for insurance purposes; Medical Assessor (MA) certified claimant suffered persistent depressive disorder (dysthymia) as a result of accident; he assessed 7% whole person impairment utilising the psychiatric impairment rating scale; claimant’s review application; claimant interviewed remotely by both MA; Appeal Panel unable to determine presence of any accident-related psychiatric condition/injury due to claimant’s unreliability in his self-reporting; Held – certificate revoked.

Decision date: 15 January 2026 | Panel Members: Member Gary Victor Patterson, Dr Matthew Jones, and Dr Ronald Gill | Injury module: Mental and Behavioural

Insurance Australia Limited t/as NRMA Insurance v Oh [2026] NSWPICMP 22

Motor Accident Injuries Act 2017; threshold injury dispute; claimant is a young female almost 9-years-old; accident occurred in underground carpark when she was run over by an elderly female driver; there has been psychological treatment on a few occasions; Medical Assessor (MA) certified claimant has accident-related PTSD which is not a threshold injury; insurer’s review application on mainly basis of causation; issue as to whether child under the age of 4 at time of accident could have any real memory of it; claimant re-examined by both MA’s in her mother’s presence; Held – certificate confirmed.

Decision date: 16 January 2026 | Panel Members: Member Gary Victor Patterson, Dr Thomas Newlyn, and Dr Neil Jeyasingam | Injury module: Mental and Behavioural

Allianz Australia Insurance Limited v Khalil [2026] NSWPICMP 29

Motor Accident Injuries Act 2017;  insurer’s review of Medical Assessment Certificate (MAC) under section 7.26; permanent impairment dispute; injuries to lumbar spine, cervical spine, both shoulders and cervical internal carotid artery dissection; where the single Medical Assessor assessed total permanent impairment of 14%; where 9% permanent impairment was attributed to the cervical internal carotid artery dissection injury; where a CT scan of head and neck showed that the cervical internal carotid artery dissection injury had completely resolved; re-examination by the Review Panel; Held – original MAC revoked; permanent impairment assessed at 2%.

Decision date: 19 January 2026 | Panel Members: Member Maurice Castagnet, Dr Drew Dixon, and Dr Margaret Gibson | Injury module: Spine, and Upper Limb

Workers Compensation Medical Appeal Panel Decisions

Gorden v Berry Community Pre-School Incorporated [2026] NSWPICMP 16

Workplace Injury Management and Workers Compensation Act 1998; appeal against section 323 deduction of one-tenth; claimant suffered traction injury and came to two bouts of cervical surgery; claimant asymptomatic prior; Held – respondent conceded that Medical Assessor did not give adequate reasons; Asbury v Donhad Pty Ltd, and Vitaz v Westform Pty Ltd considered; reasons unclear to parties but pathology revealed in imaging as matter of medical science must have been pre-existing; Medical Assessment Certificate confirmed.

Decision date: 14 January 2026 | Panel Members: Member John Wynyard, Dr Tommasino Mastroianni, and Dr Todd Gothelf | Body system: Cervical Spine

Adecco Industrial Pty Ltd v Tanuvasa [2026] NSWPICMP 18

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); assessment of the lumbar spine and right lower extremity; whether the Medical Assessor (MA) failed to properly assess the worker’s activities of daily living having regard to the available evidence; whether the MA failed to correctly apply section 323 to the assessment of the lumbar spine and right knee; Held – MA erred in failing to correctly apply the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment 4th ed (Guidelines) in assessing ADL; in the alternative, failed to reconcile the inconsistency between contemporaneous evidence and self-reported impact on ADL at the time of examination; no error in application of a section 323 deduction of one-tenth in respect of the lumbar spine or right knee; error in methodology in combining the “additional amount” of DRE modifiers under Table 4.2 of the Guidelines to assess DRE impairment to arrive at a total whole person impairment for the lumbar spine; MAC revoked.

Decision date: 15 January 2026 | Panel Members: Member Kathryn Camp, Dr Tim Anderson, and Dr Roger Pillemer | Body system: Lumbar Spine, Right Lower Extremity, and Scarring (TEMSKI)

Mangion v Petraveller Pty Ltd [2026] NSWPICMP 19

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); assessment of the left lower extremity (ankle and heel); whether the Medical Assessor (MA) failed to provide adequate reasons for not combining assessment of muscle atrophy and ROM; interpretation and application of the American Medical Association Guides to the Evaluation of Permanent Impairment, 5^th ed (AMA 5) and the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment,4^th ed 1 March 2021 (the Guidelines); Chapter 3 of the Guidelines; Chapter 17 and Table 17-2 of AMA 5 for assessment of the lower extremity; Held – MA provided adequate reasons in accordance with statutory requirement; range of motion (ROM) and Ankylosis methods of assessment evaluate the same anatomical feature and functional domain; assessment of ROM or ankylosis cannot be combined with muscle atrophy under Table 17-2 of AMA 5; no material error identified; MAC confirmed.

Decision date: 15 January 2026 | Panel Members: Member Kathryn Camp, Dr Robert Kuru, and Dr Gregory McGroder | Body system: Left Lower Extremity, and Right Lower Extremity

State of New South Wales (NSW Police Force) v Mills [2026] NSWPICMP 20

Workplace Injury Management and Workers Compensation Act 1998; appeal by employer from 17% assessment in psychological injury claim; whether Medical Assessor (MA) failed to consider evidence before him in psychiatric impairment rating scale categories of social and recreational activities and concentration, persistence & pace; whether ratings given compatible with facts found by the MA; Held – contemporaneous records from treating psychiatrist and psychologist revealed social and recreational activities (e.g. playing soccer over two years, continuing to coach his son’s soccer team) not considered by MA and inconsistent with his class 3 rating; activities described by the MA (e.g. involvement with local RSL subbranch, setting up and taking down barbeques) not generally class 3 activities; social and recreational activities classification revoked; MA reasons for concentration, persistence and pace adequately explained; Medical Assessment Certificate revoked.

Decision date: 15 January 2026 | Panel Members: Member John Wynyard, Dr Douglas Andrews, and Dr Nicholas Glozier | Body system: Psychological/Psychiatric

Claydon v The Kitchen Creative Management Pty Ltd [2026] NSWPICMP 21

Workplace Injury Management and Workers Compensation Act 1998; appeals by both parties from 30% assessment; both parties agreed that Medical Assessor (MA) miscalculated the whole person impairment; whether a section 323 deduction should have been made; Held – entitlement recalculated; principles applying to application of section 323 considered; Asbury v Donhad Pty Ltd considered; MA applied wrong test; little relevance in final outcome; Medical Assessment Certificate (MAC) confirmed as to section 323; MAC revoked to correct the miscalculation.

Decision date: 15 January 2026 | Panel Members: Member John Wynyard, Dr Gregory McGroder, and Dr Roger Pillemer | Body system: Cervical Spine, and Scarring (TEMSKI)

Knight v Shane’s Trees Pty Ltd [2026] NSWPICMP 23

Workplace Injury Management and Workers Compensation Act 1998; psychological Injury impairment assessment; appellant worker alleged assessment on the basis of incorrect criteria; demonstrable error in the making of assessments under two of the psychiatric impairment rating scale categories for travel, and concentration, persistence and pace; Held – Appeal Panel found no error; Medical Assessment Certificate confirmed.

Decision date: 16 January 2026 | Panel Members: Member Jane Peacock, Dr Douglas Andrews, and Dr Michael Hong | Body system: Psychological/Psychiatric

Cerebral Palsy Alliance Accommodation North v Burger [2026] NSWPICMP 24

Workplace Injury Management and Workers Compensation Act 1998; psychological injury; impairment assessment; employer appealed; no compliant about the overall assessment of permanent impairment; complaint on appeal concerned the extent of the deduction of one-tenth made under section 323 in respect of pre-existing condition, abnormality, or injury; appellant employer submitted it was at odds with the available evidence; evidence inadequately reasoned and sought re-examination of the worker; Held – Appeal Panel considered that a re-examination was considered necessary; MAC confirmed.

Decision date: 16 January 2026 | Panel Members: Member Jane Peacock, Dr Michael Hong, and Dr John Lam-Po-Tang | Body system: Psychological/Psychiatric

Ratcliffe v State of New South Wales (NSW Ambulance Service) [2026] NSWPICMP 25

Workplace Injury Management and Workers Compensation Act 1998; whether ratings the Medical Assessor (MA) made of the appellant’s impairment in psychiatric impairment rating scale categories of self-care and personal hygiene, social functioning and concentration persistence and pace, accorded with the facts; Held – Appeal Panel determined the MA’s ratings of the appellant’s impairment in self-care and personal hygiene and in social functioning accorded with the facts and evidence, but not his rating relating regarding the appellant’s impairment in concentration persistence and pace; MAC revoked.

Decision date: 16 January 2026 | Panel Members: Member Marshal Douglas, Professor Nicholas Glozier, and Dr Douglas Andrews | Body system: Psychological/Psychiatric

Serco Australia Pty Ltd v Ghazan [2026] NSWPICMP 26

Workplace Injury Management and Workers Compensation Act 1998; appeal by employer from 19% whole person impairment assessment in psychological injury case; whether Medical Assessor (MA) failed to adequately consider factual material; whether MA gave adequate reasons regarding psychiatric impairment rating scale categories of travel and employability; Held – MA function not to adjudicate or arbitrate; Wingfoot Australia Partners Pty Ltd v Kocak considered and applied; matters of credit that involve disentitlement to compensation are not defined as medical disputes per section 319; Bayside Council v Ware considered and applied; MA function limited to medical expertise; Cheers v Mid Coast Council applied; Medical Assessment Certificate confirmed.

Decision date: 16 January 2026 | Panel Members: Member John Wynyard, Dr Graham Blom, and Dr Michael Hong | Body system: Psychological/Psychiatric

Roberts v Kagenact Pty Ltd ATF Accat #1 Unit Trust [2026] NSWPICMP 27

Workplace Injury Management and Workers Compensation Act 1998; whether Medical Assessor (MA) explained how previous injuries that the appellant had suffered to his right knee formed part of the appellant’s permanent impairment from the work injury the appellant suffered; whether MA was correct to conclude that a proportion of the appellant’s permanent impairment is due to the previous injuries; whether MA was correct to make a deduction under section 323(1); Held – Appeal Panel determined MA explained how it is that the previous injuries the appellant suffered to his right knee forms a proportion of his permanent impairment from the work injury to his right knee; MA was correct to make a deduction under section 323(1) for the proportion of the appellant’s permanent impairment that is due to the previous injuries; MA made a rounding error in his calculation of the appellant’s permanent impairment that was inconsistent with paragraph 1.26 of the SIRANSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4^th ed 1 March 2021; Appeal Panel corrected the calculation; Medical Assessment Certificate revoked.

Decision date: 16 January 2026 | Panel Members: Member Marshal Douglas, Dr Drew Dixon, and Dr Margaret Gibson | Body system: Right Lower Extremity

Williams v Secretary, Department of Communities and Justice [2026] NSWPICMP 28

Workplace Injury Management and Workers Compensation Act 1998; psychological injury; appellant worker alleged assessment on the basis of incorrect criteria; demonstrable error in the making of assessments under three of the psychiatric impairment rating scale (PIRS) categories for social and recreational activities, concentration, persistence and pace and employability; Held – Appeal Panel considered that the Medical Assessor’s path of reasoning was inadequate; 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; re-examination was considered necessary in the circumstances of a finding of error; MAC revoked.

Decision date: 16 January 2026 | Panel Members: Member Jane Peacock, Dr Michael Hong, and Dr Michael Hong | Body system: Psychological/Psychiatric

Ireland v Luxottica Retail Australia Pty Ltd [2026] NSWPICMP 31

Workplace Injury Management and Workers Compensation Act 1998; appellant essentially submitted the Medical Assessment Certificate (MAC) contained significant error in the assessment of scarring; MAC contained an underestimation of the assessment of the nervous system (peroneal nerve); MAC contains a failure to fully account for overlapping symptoms between the lumbar spine injury and the nervous system injury;Appeal Panel did not consider the Medical Assessor (MA) had erred in her assessment of the peroneal nerve; Appeal Panel did not consider the MA failed to fully account for overlapping symptoms between the lumbar spine injury and the nervous system injury; Appeal Panel determined the MA had erred in her assessment of the TEMSKI/scarring; Held – MAC revoked.

Decision date: 19 January 2026 | Panel Members: Member Jacqueline Snell, Dr Drew Dixon, and Dr Ross Mellick | Body system: Nervous System, Lumbar Spine, and Scarring (TEMSKI)

Purcell v Spark & Cannon Australasia Pty Ltd [2026] NSWPICMP 32

Workplace Injury Management and Workers Compensation Act 1998; medical appeal; admission of fresh evidence; application to admit further statement rejected; Lukacevic v Coates Hire Operations Pty Ltd applied; challenge to assessment under the psychiatric impairment rating scale of self-care and personal hygiene, concentration, persistence and pace, social functioning and travel; Held – Medical Assessment Certificate revoked.

Decision date: 20 January 2026 | Panel Members: Member Parnel McAdam, Dr Nicholas Glozier, and Dr John Lam-Po-Tang | Body system: Psychological/Psychiatric

Tchappat v State of NSW (Fire and Rescue NSW) [2026] NSWPICMP 33

Workplace Injury Management and Workers Compensation Act 1998; psychological injury; appellant worker alleged assessment on the basis of incorrect criteria; demonstrable error in the making of assessments under two of the psychiatric impairment rating scale (PIRS) categories for social and recreational activities, and travel; worker also appealed in respect of the deduction made under section 323; the challenged assessments under PIRS were confirmed on appeal; Held – Appeal Panel considered the deduction had been made in error; MAC revoked.

Decision date: 20 January 2026 | Panel Members: Member Jane Peacock, Dr John Baker, and Dr Graham Blom | Body system: Psychological/Psychiatric

Leggate v Sabre Corporation Pty Ltd [2026] NSWPICMP 34

Workplace Injury Management and Workers Compensation Act 1998; assessment of psychological injury; appeal on the grounds that the assessment was made on the basis of incorrect criteria; Medical Assessment Certificate (MAC) contained a demonstrable error in respect of assessment of social and recreational activities  and concentration, persistence and pace; no error nor application of incorrect criteria in assessment of social and recreational activities; error in assessment of concentration, persistence and pace; Held – MAC revoked.

Decision date: 20 January 2026 | Panel Members: Member Carolyn Rimmer, Dr Douglas Andrews, and Dr Michael Hong | Body system: Psychological/Psychiatric

Motor Accidents Merit Review Decision

CMB v QBE Insurance (Australia) Limited [2026] NSWPICMR 1

Motor Accident Injuries Act 2017; merit review; dispute under section 8.10(1); whether costs are reasonable and necessary; clause 20 of the Motor Accident Injuries Regulation 2017 (NSW); unregulated disbursements; investigation reports; interpreter fees; whether costs of work by a layperson are recoverable; whether tutor administrative costs are recoverable; whether investigation costs of a lay investigator are recoverable; whether costs of a tutor also providing interpreter and translator assistance are recoverable; whether a self-represented litigant or layperson is entitled to be recompensed for their time in litigation; costs assessment under section 7.13A; section 6 Legal Profession Uniform Law (NSW); definition of legal costs; section 200 of the Legal Profession Uniform Law; whether it is fair and reasonable in the circumstances for the non-associated third party payer to be charged the amount claimed; Cachia v Hanes, Bell Lawyers Pty Ltd v Pentelow considered; Held – layperson costs are disallowed; costs are assessed in the sum of $0 (nil).

Decision date: 19 January 2026 | Merit Reviewer: Katherine Ruschen

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

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