Legal Bulletin No. 250

Issued 6 March 2026

Welcome to the two hundred and fiftieth 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 Decision

Ypermachou v PMK Pty Ltd [2026] NSWSC 149

Administrative Law; judicial review of appeal panel decision; whole person impairment assessment and permanent impairment assessment under table of disabilities; whether appeal panel failed to address a clearly articulated submission; whether appeal panel failed to provide adequate reasons; no reviewable error; Held – the further amended summons filed 2 July 2025 be dismissed, with costs.

Decision date: 4 March 2026 | Before: Griffiths AJ

Presidential Member Decision

Woolworths Group Limited v Moriarty [2026] NSWPICPD 7

Workers compensation; section 57(1) of the Personal Injury Commission Act 2020; power to reconsider a decision; where ground for reconsideration has no merit; power to alter a decision; Held – the appellant’s application for reconsideration is declined; order 6 of my decision in Woolworths Group Limited v Moriarty [2025] NSWPICPD 64 dated 8 September 2025 is revoked; the matter is remitted to Principal Member in order to settle the terms of the order for referral to a Medical Assessor for assessment of the respondent’s injury to the head resulting in neurological symptoms of imbalance, dizziness, vertigo and nausea and thereafter to be remitted to the President for referral to a Medical Assessor.

Decision date: 25 February 2026 | Before: Acting Deputy President Elizabeth Wood

Motor Accidents non-Presidential Member Decisions

Annas v Allianz Australia Insurance Limited [2026] NSWPIC 111

Motor Accident Injuries Act 2017; determination of whether an accident was wholly or mostly the fault of the claimant; claimant was approaching a roundabout with the insured driver in front of him and to his right when the insured driver with limited notice, proceeded into the claimants lane and thereafter stopped abruptly to give way to merging traffic; claimant alleged the insured driver was negligent and in breach of the road rules; claimant provided a statement and photographs regarding the accident but there was no statement from the insured driver; Held – claimant was  mostly at fault with a degree of contributory negligence greater than 61% and assessed at 75%.

Decision date: 19 February 2026 | Member: Alexander Bolton

AAI Limited t/as AAMI v Leseberg (EOTL) [2026] NSWPIC 116

Motor Accident Injuries Act 2017; settlement approval; damages limited to non-economic loss; claimant sustained multiple fractures; claimant passed away 6-months post-accident from unrelated injuries; damages claim made by his wife and executor; Held – settlement approved under section 6.23(2)(b) in the sum of $100,000 and is within the range of likely potential damages assessments expected if the claim was to proceed to assessmentby a Member in the Commission.

Decision date: 23 February 2026 | Member: Elyse White

Workers Compensation non-Presidential Member Decisions

Doylers Painting Pty Ltd v Workers Compensation Nominal Insurer (iCare) & Anor [2026] NSWPIC 105

Workers Compensation Act 1987; claim for reimbursement for payments made by iCare to the second respondent;  failure to provide a proper history of prior physical and psychological symptomatology; Held – adverse findings regarding credit of the second respondent; findings in favour of the applicant.

Decision date: 17 February 2026 | Senior Member: Elizabeth Beilby

Bellette v Healthcare Supply Partners Pty Ltd [2026] NSWPIC 109

Workers Compensation Act 1987; section 4(b)(ii); injury to the lumbar spine disputed; entitlement to weekly benefits disputed; absence of contemporaneous evidence in early clinical records; expert evidence; Mason v Demasi, Davis v Council of the City of Wagga Wagga, Watson v Foxman, Hancock v East Coast Timbers Products Pty Ltd, Paric v John Holland (Constructions) Pty Ltd, Nguyen v Cosmopolitan Homes, State Transit Authority v El-Achi,and AB v AW considered and applied; Held –applicant suffered an aggravation, acceleration, exacerbation or deterioration of a degenerative condition in her lumbar spine in the course of her employment with the respondent deemed to have occurred within the meaning of section 4(b)(ii); applicant has had no current work capacity within the meaning of clause 9 of Schedule 3; applicant awarded weekly compensation and ongoing under sections 36(1) and 37(1); general order made under section 60.

Decision date: 18 February 2026 | Member: Anthony Scarcella

Dimond v Dimond Brothers Concrete Pumping Pty Ltd [2026] NSWPIC 112

Workers Compensation Act 1987; application for reconsideration pursuant to section 57 of the Personal Injury Commission Act 2020 lodged by the respondent more than 12 months after a member’s determination; parties agreed that there was an error in the calculation of the pre-injury average weekly earnings as indexed; Howell v Stringvale Pty Ltd, Schipp v Herfords Pty Ltd, and Samuel v Sebel Furniture Limited discussed and applied; Held – applicant prejudiced if the decision was not reconsidered and amended; in the interests of justice between the parties and noting their consent, application for reconsideration granted; order for weekly payments made.

Decision date: 19 February 2026 | Principal Member: Glenn Capel

Arteaga v Bomba [2026] NSWPIC 113

Workers Compensation Act 1987; claim for surgery to the right ankle; dispute whether the treatment is reasonably necessary as a result of workplace injury; Kooragang Cement Pty Ltd v Bates, Rose v Health Commission (NSW), and Bartolo v Western Sydney Area Health Service Diab v NRMA Ltd discussed and applied; Held – surgery is reasonably necessary as a result of workplace injury which materially contributed to the need for surgery.

Decision date: 20 February 2026 | Member: Diana Benk

Motor Accidents Medical Review Panel Decisions

Dragicevic v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPICMP 1023

Motor Accident Injuries Act 2017; assessment under section 7.26; whether Medical Assessor erred in finding injuries caused by motor accident and in failing to apply a deduction for pre-existing conditions; claimant sustained a C6 spinous process fracture, lumbar spine, and bilateral shoulder soft tissue injuries in a rear-end collision; insurer relied on biomechanical and radiological evidence of degenerative change to argue against causation and for deduction; Review Panel found claimant’s injuries consistent with trauma; imaging supported acute pathology; claimant had no pre-accident symptoms or treatment; biomechanical report given little weight as it failed to address individual characteristics or clinical evidence; Review Panel found no objective evidence of pre-existing impairment under clause 6.31 of the Motor Accident Guidelines; Held – injuries caused by the motor accident; no deduction warranted; whole person impairment of 11% confirmed.

Decision date: 3 November 2025 | Panel Members: Member Bridie Nolan, Dr Margaret Gibson, and Dr Drew Dixon | Injury module: Spine, and Upper Limb

GIF v AAI Limited t/as AAMI [2025] NSWPICMP 963

Motor Accident Injuries Act 2017; claimant suffered injury in a motor vehicle accident; Medical Assessor (MA) determined the claimant’s whole person impairment (WPI) as a result of the accident was 7%; claimant made an application under section 7.26 for referral of assessment to the Review Panel; Held – Review Panel conducted its own examination and found that WPI as a result of injuries sustained in the accident totalled 7%; certificate of MA was confirmed.

Decision date: 9 December 2025 | Panel Members: Member Terence Stern OAM, Dr Surabhi Verma, and Dr Thomas Newlyn | Injury module: Mental and Behavioural

AAI Limited t/as Suncorp (QLD) v Utiger [2026] NSWPICMP 127

Motor Accident Injuries Act 2017; claimant injured at work in accident insurer says is not a motor accident; claim has been exempted and court proceedings commenced; medical assessment of whole person impairment (WPI); claimant’s application for review under section 7.26; claimant alleged injuries to back, right shoulder, and compound comminuted fracture of right leg; claimant examined by one Medical Assessor; Held – causation of all injuries found; claimant’s total WPI not greater than 10%; certificate revoked due to difference in WPI percentage but no change to overall outcome; no matter of principle.

Decision date: 20 February 2026 | Panel Members: Member Belinda Cassidy, Dr David Gorman, and Dr Shane Moloney | Injury module: Spine, Upper Limb, Lower Limb, and Scarring (TEMSKI)

Jung v Allianz Australia Insurance Limited [2026] NSWPICMP 128

Motor Accidents Injuries Act 2017; threshold injury dispute; claimant was the backseat passenger in a car that was rear ended by another vehicle; claimant alleged injuries to her cervical spine, lumbar spine, and right shoulder; pre-existing cervical spine annular tears at multiple levels that were symptomatic until about two years before the motor accident; original Medical Assessment Certificate (MAC) found the pathology to be all pre-existing; comparison of pre-and-post-accident radiological findings; hospital records support accident-related injury to the cervical spine and lumbar spine; Held – the existence of annular tears particularly in the presence of bone marrow oedema and an increase in signal on post-accident MRI persuaded the Review Panel that the motor accident caused an extension or aggravation of the pre-existing cervical spine tears at multiple levels; injuries are not threshold injuries; MAC revoked.

Decision date: 20 February 2026 | Panel Members: Member Jeremy Lum, Dr Mohammed Assem, and Dr Shane Moloney | Injury module: Spine, and Upper Limb

Insurance Australia Limited t/as NRMA Insurance v Radvili [2026] NSWPICMP 131

Motor Accidents Injuries Act 2017; claimant was injured in a motor vehicle accident; medical dispute arose as to the total whole person impairment (WPI) suffered as a result of the accident; further dispute arose as to whether the injuries sustained were threshold injuries; Medical Assessor (MA) determined the claimant’s WPI at 18%; further determined that the injury to the cervical spine was a threshold Injury and the injury to the right shoulder was not a threshold Injury; insurer sought a review of the medical assessment under section 7.26; Review Panel conducted a medical examination; original MA determination was revoked; Held – Review Panel determined that the injuries sustained to the cervical spine and right shoulder gave rise to a WPI of 7%; further determined that the injury to the right shoulder was a threshold injury; Review Panel confirmed the determination of original MA that the injury to the cervical spine was a threshold injury.

Decision date: 23 February 2026 | Panel Members: Member Terence Stern OAM, Dr Mohammed Assem, and Dr Shane Moloney | Injury module: Spine, and Upper Limb

Allianz Australia Insurance Limited v Alsabahi [2026] NSWPICMP 136

Motor Accident Injuries Act 2017; whether psychological injury was a threshold injury; Medical Assessor at first instance found that a psychological injury; specific phobia, caused by the motor accident was not a threshold injury; re-examination by the Review Panel; Review Panel found that a psychological injury, an adjustment disorder, caused by the motor accident is a threshold injury; Held – original medical certificate revoked.

Decision date: 24 February 2026 | Panel Members: Member Maurice Castagnet, Dr Christopher Rikard-Bell, and Dr Himanshu Singh | Injury module: Mental and Behavioural

Nesa v Insurance Australia Limited t/as NRMA Insurance [2026] NSWPICMP 141

Motor Accident Injuries Act 2017; medical assessment of whole person impairment (WPI) by Medical Assessor (MA); claimant injured in motor vehicle accident when the vehicle she was driving was hit from behind; claimant sustained both physical and psychiatric injury; dispute arose as to the claimant’s WPI as a result of physical injury; MA determined the claimant’s WPI at 7%; claimant sought a review of the assessment under section 7.26; Review Panel re-examined the claimant; Held – ReviewPanel revoked certificate of MA; substituted determination of 6% WPI.

Decision date: 25 February 2026 | Panel Members: Member Terence Stern OAM, Dr Christopher Oates, and Dr Michael Couch | Injury module: Spine, Upper Limb, and Lower Limb

Workers Compensation Medical Appeal Panel Decisions

Rye v Third Sector Australia Ltd [2026] NSWPICMP 122

Workplace Injury Management and Workers Compensation Act 1998; appeal by the applicant on the grounds of demonstrable error; appeal against assessment in the psychiatric impairment rating scales of self-care and personal hygiene, social and recreational activities, and social functioning; Appeal Panel found no error in the assessment of those scales; applicant submitted that Medical Assessor (MA) gave disproportionate weight to intermittent periods of relative functioning and discounted the sustained episodes of incapacity; Appeal Panel found that MA did rate according to the predominant level of functioning over time; Held –  Medical Assessment Certificate confirmed.

Decision date: 18 February 2026 | Panel Members: Member Carolyn Rimmer, Dr Douglas Andrews, and Dr John Lam-Po-Tang | Injury module: Psychological/Psychiatric

Pattison Pastoral Butchery Pty Ltd v Jennings [2026] NSWPICMP 124

Workplace Injury Management and Workers Compensation Act 1998; appeal by appellant employer on the grounds of demonstrable error and the assessment being made on the basis of incorrect criteria; member of the Personal Injury Commission who remitted the matter to the President for referral to a Medical Assessor (MA) found that the worker had both a primary and secondary psychological condition; Appeal Panel satisfied that the MA failed to address and consider impairment resulting from the secondary psychological condition which was a demonstrable error; worker re-examined; Held –  Medical Assessment Certificate revoked.

Decision date: 18 February 2026 | Panel Members: Member Carolyn Rimmer, Dr John Baker, and Dr Michael Hong | Injury module: Psychological/Psychiatric

INA Operations Pty Ltd ATF INA Operations Trust v Gerard [2026] NSWPICMP 125

Workplace Injury Management and Workers Compensation Act 1998; whether Medical Assessor (MA) erred by not finding the respondent had a secondary psychological injury; whether MA erred by not disregarding any symptoms or impairment respondent had from secondary psychological injury; whether MA had regard to relevant evidence relating to the respondent’s impairment in concentration, persistence and pace, and in employability; Held – MA did not make any error by not finding the respondent had a secondary psychological injury; MA erred by not giving proper weight to evidence relating to respondent’s function in concentration, persistence and pace, and in employability; respondent re-examined; Medical Assessment Certificate revoked.

Decision date: 18 February 2026 | Panel Members: Member Marshal Douglas, Dr John Lam-Po-Tang, and Dr Michael Hong | Injury module: Psychological/Psychiatric

Quiring v State of New South Wales (Hunter New England Local Health District) [2026] NSWPICMP 126

Workplace Injury Management and Workers Compensation Act 1998; appeal following assessment of a psychiatric injury on the grounds of demonstrable error; Medical Assessor (MA) found that an assessment of whole person impairment (WPI) could not be made finding that the appellant had not reached maximum medical improvement (MMI) in respect of a comorbid condition of dementia and could not be assessed on the basis of a single clinical assessment due to her severe memory deficits; Appeal Panel found MA erred in not identifying the primary psychiatric injury and identifying whether that primary psychiatric injury had reached MMI; Appeal Panel found that the work related injury has resolved such that there were no symptoms by the middle of 2023 and the appellant’sprimary psychiatric condition was in remission; Appeal Panel satisfied that the appellant’s cognitive difficulties at the time of the MA’s examination were caused by her comorbid neurocognitive disorder (dementia) and none of the current WPI was attributable to the work injury; Held – Medical Assessment Certificate revoked.

Decision date: 19 February 2026 | Panel Members: Member Carolyn Rimmer, Dr Graham Blom, and Professor Nicholas Glozier | Injury module: Psychological/Psychiatric

Bec & Bridge (Retail) Pty Ltd v Curr [2026] NSWPICMP 129

Workplace Injury Management and Workers Compensation Act 1998; medical appeal; whether Medical Assessor provided adequate reasons; whether section 323 applied according to law; worker had previous mental health issues and trauma; Held – sufficient reasons provided; section 323 incorrectly applied; Medical Assessment Certificate revoked.

Decision date: 20 February 2026 | Panel Members: Member Parnel McAdam, Dr John Lam-Po-Tang, and Dr Graham Blom | Injury module: Psychological/Psychiatric

Westpac Banking Corporation v Thorpe [2026] NSWPICMP 130

Workplace Injury Management and Workers Compensation Act 1998; appeal from decision of Medical Assessor (MA); whether Medical Assessment Certificate (MAC) contains demonstrable error or MA relied on incorrect criteria; MAC contains an obvious error as the MA failed to provide reasons as to why a deduction for pre-exiting conditions was inappropriate; respondent was re-examined by a member of the Appeal Panel, however, her condition has not reached maximum medical improvement (MMI); Held – MAC revoked; new MAC issued noting the respondent has not reached MMI.

Decision date: 20 February 2026 | Panel Members: Member Cameron Burge, Dr Douglas Andrews, Dr John Lam-Po-Tang | Injury module: Psychological/Psychiatric

Twells v Blackmores Ltd [2026] NSWPICMP 132

Workplace Injury Management and Workers Compensation Act 1998; whether positive nerve root tension test undertaken; whether failure to undertake test amounts to error; error established; re-examination; while error established, assessment of permanent impairment on review not changed; Held – Medical Assessment Certificate confirmed.

Decision date: 23 February 2026 | Panel Members: Member Mitchell Strachan, Dr Drew Dixon, and Dr Christopher Oates | Injury module: Cervical Spine

Breen-Davies v Life Without Barriers [2026] NSWPICMP 133

Workplace Injury Management and Workers Compensation Act 1998; application of incorrect criteria; demonstrable error; psychiatric impairment rating scale; self-care and personal hygiene; social and recreational activities; Ferguson v State of New South Wales applied; consideration of material by Medical Assessor; Wingfoot Australia Partners Pty Ltd v Kocak considered and applied; error not established; Held – Medical Assessment Certificate confirmed.

Decision date: 23 February 2026 | Panel Members: Member Mitchell Strachan, Dr John Lam-Po-Tang, and Dr Douglas Andrews | Injury module: Psychological/Psychiatric

State of New South Wales (NSW Police Force) v Savary [2026] NSWPICMP 134

Workplace Injury Management and Workers Compensation Act 1998; lump sum claim; appellant employer alleged assessment on the basis of incorrect criteria and demonstrable error in the allowance by the Medical Assessor of 3% whole person impairment for the effects of treatment; no error found; Held – Medical Assessment Certificate confirmed.

Decision date: 23 February 2026 | Panel Members: Member Jane Peacock, Dr Drew Dixon, and Dr David Crocker | Injury module: Right Upper Extremity, Right Upper Extremity, and Scarring

Costa v Metal Manufactures Pty Ltd [2026] NSWPICMP 135

Workplace Injury Management and Workers Compensation Act 1998; whether Medical Assessor’s (MA) ratings of appellant’s impairment in social and recreational activities, travel, and concentration, persistence and pace are correct; Held – MA’s ratings of appellant’s impairment in travel, and concentration, persistence and pace are correct but her rating of appellant’s impairment in social and recreational activities involved error; Medical Assessment Certificate revoked.

Decision date: 23 February 2026 | Panel Members: Member Marshal Douglas, Dr Douglas Andrews, and Professor Nicholas Glozier | Injury module: Psychological/Psychiatric

State of New South Wales (Ambulance Service of NSW) v Oliver [2026] NSWPICMP 137

Workplace Injury Management and Workers Compensation Act 1998; appeal by employer against 15% whole person impairment (WPI) assessment of lumbar spine; whether a deduction should have been made pursuant to section 323; whether the assessment of activities of daily living required a consideration of restrictions from any other source; Cullen v Woodbrae Holdings Pty Ltd, and Craigie v Faircloth & Reynolds Pty Ltd considered; Held – Medical Assessor (MA) erred in finding the question of a deduction "not applicable" in circumstances where there had been instances of back pain reports and investigations; only one medicolegal expert (retained by claimant) found no deduction applicable in view of the length of employment; claimant conceded one-tenth deduction; compromise approved;  activities of daily living correctly assessed terms of the referral limited to the lumbar spine; no authority cited for appellant employer's contention; no specific question asked of the MA; Medical Assessment Certificate revoked; 14% WPI substituted.

Decision date: 24 February 2026 | Panel Members: Member John Wynyard, Dr Christopher Oates, and Dr Doron Sher | Injury module: Lumbar Spine

Bunnings Group Ltd v Mast [2026] NSWPICMP 138

Workplace Injury Management and Workers Compensation Act 1998; assessment of whole person impairment (WPI) following psychiatric injury; appeal on the grounds of demonstrable error and the assessment being made on the basis of incorrect criteria; Medical Assessor (MA) allowed 2% WPI for effects of treatment; Appeal Panel found that the MA failed to apply the steps in clause 1.32 of the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4thed 1 March 2021; Zoric v Secretary, and Department of Education & Ors considered and applied; error confirmed; Held – Medical Assessment Certificate revoked.

Decision date: 24 February 2026 | Panel Members: Member Carolyn Rimmer, Professor Nicholas Glozier, and Dr Michael Hong | Injury module: Psychological/Psychiatric

MidCoast Council v BTZ [2026] NSWPICMP 139

Workplace Injury Management and Workers Compensation Act 1998; appeal against Medical Assessor’s (MA) assessment of the respondent’s permanent impairment in relation to psychiatric and psychological disorder on the basis of the availability of additional relevant information; demonstrable error found as the MA failed to adequately consider relevant and significant material;, MA failed to explain his actual path of reasoning in sufficient detail; Tattersall v Registrar of the Workers Compensation Commission of NSW and Anor, Wentworth Community Housing Limited v Brennan, Wingfoot Australia Partners Pty Ltd v Kocak, Bojko v ICM Property Service Pty Ltd, Merza v Registrar of the Workers Compensation Commission, and Mahenthirarasa v State Rail Authority of New South Wales considered; fresh evidence admitted in accordance with section 328(3); Petrovic v BC Serv No 14 Pty Limited & Ors, Lukacevic v Coates Hire Operations Pty Limited, and Hellessey v MetLife Insurance Limited considered; additional relevant evidence found to be available in order for appellant to appeal in accordance with section 327(3)(b); re-assessment of respondent; Cheers v Mid Coast Council considered; respondent found to have a different level of permanent impairment to that found by the MA; Held – Medical Assessment Certificate (MAC) revoked; new MAC issued; de-identification orders made in accordance with rule 132 of the Personal Injury Commission Rules 2021.

Decision date: 24 February 2026 | Panel Members: Member Gaius Whiffin, Dr Douglas Andrews, and Professor Nicholas Glozier | Injury module: Psychological/Psychiatric

State of New South Wales v Cauchi [2026] NSWPICMP 140

Workplace Injury Management and Workers Compensation Act 1998; appellant submits that the Medical Assessor erred in his whole person impairment assessment of two of the categories of the psychiatric impairment rating scale (PIRS), namely social and recreational activities and concentration, persistence and pace; Appeal Panel agreed with the thrust of the appellant’s submissions; re-examination conducted; worker had recently commenced new medication likely to impact the PIRS assessments; worker to be re-examined in six months; Held – Medical Assessment Certificate revoked.

Decision date: 24 February 2026 | Panel Members: Member Deborah Moore, Dr Michael Hong, and Dr Graham Blom | Injury module: Psychological/Psychiatric

Thomas v State of New South Wales (Western Sydney Local Health District) [2026] NSWPICMP 142

Workplace Injury Management and Workers Compensation Act 1998; whether the Medical Assessor (MA) erred with his ratings of the appellant’s impairment in social and recreational activities, travel and social functioning; Held – MA’s ratings of the appellant’s impairment in social and recreational activities and travel involved no error; MA’s rating of the appellant’s impairment in social functioning was wrong; Medical Assessment Certificate revoked.

Decision date: 26 February 2026 | Panel Members: Member Marshal Douglas, Professor Nicholas Glozier, and Dr John Lam-Po-Tang | Injury module: Psychological/Psychiatric

Motor Accidents Merit Review Decision

Mohit v AAI Limited t/as AAMI [2026] NSWPICMR 5

Motor Accident Injuries Act 2017; claim for statutory benefits; dispute about calculation of pre-accident weekly earnings; whether earning continuously where overseas travel intervenes; clause 4(2)(a); clause 4(4) meaning of earning continuously; clause 4(2)(b) and (4(3); whether significant change in earning circumstances; whether change resulted in earning more; whether change the result of action taken by claimant; work restrictions on student visa subclass 500; clause 4(2)(c); whether earnings received after the first year of the two year pre-accident period; clause 5; full-time student; whether clause 5 applies if injured person is otherwise an earner under clause 2(a); clause 4(1); Allianz Insurance Australia Limited v Shahmiri, and Wei v Allianz Australia Insurance Limited considered; Held – reviewable decision is set aside.

Decision date: 23 February 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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