Legal Bulletin No. 265
This bulletin was issued on 19 June 2026
Issued 19 June 2026
Welcome to the two hundred and sixty-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.
Supreme Court Decision
Aryal v Waratah Private Hospital Pty Ltd [2026] NSWSC 686
Administrative law; judicial review; plaintiff seeking orders in the nature of certiorari for two determinations and directions of the Personal Injury Commission; whether Commission fell into jurisdictional error – proceedings dismissed; Held – the further amended summons is dismissed; the Plaintiff is to pay the costs of the First Defendant.
Decision date: 16 June 2026| Before: Sirtes J
Motor Accidents non-Presidential Member Decisions
Akkaoui v QBE Insurance (Australia) Limited [2026] NSWPIC 250
Motor Accident Injuries Act 2017; claimant injured in a motor vehicle accident on 29 March 2025; circumstances of accident in dispute and liability denied by the insurer; claimant riding an e-bike either on the footpath or on the road and different accounts provided about the circumstances of the accident; insurer conceded that the claimant had suffered non-threshold injuries but does not concede that the injuries exceed the non-economic loss threshold; oral evidence will be required of the insured driver, several independent witnesses, independent police officers and liability experts; potential need for several of the witnesses and experts to be required to attend and this can only be ensured by way of a subpoena; issues raised going to the credibility of the claimant and need for evidence to be tested on oath and by way of cross examination; Held – Member satisfied that the matter should be exempted from assessment by the Personal Injury Commission; recommendation subsequently approved by the Division Head, as the President’s delegate.
Decision date: 4 May 2026| Member: Alexander Bolton
Insurance Australia Limited t/as NRMA Insurance v Jennar [2026] NSWPIC 320
Motor Accident Injuries Act 2017; miscellaneous assessment matter; whether communication dated 22 August 2025 and report of treating specialist dated 15 September 2025 constituted a request for treatment and care for three level fusion; concurrent applications before Medical Assessor to determine threshold injury and treatment and care dispute relating to three level fusion scheduled for 10 June 2026; urgent application; Held – the correspondence dated 22 August 2025 does not constitute a medical treatment request for three level fusion; the report of an Independent Medical Examiner dated 19 September 2025 does constitute a medical treatment request for three level fusion.
Decision date: 4 June 2026| Member: Shana Radnan
AAI Limited t/as GIO v Haddad [2026] NSWPIC 327
Motor Accident Injuries Act 2017; settlement approval; claimant was injured on 27 March 2024; claimant was working at the time of the accident; claimant is aware no entitlement to future statutory benefits once settlement is approved; settlement complies with clause 7.37 of the Motor Accident Injuries Guidelines; settlement approved in the amount of $227,476.26, consisting of nil non-economic loss and past economic loss of $56,352.00 and $171,124.26 future economic loss.
Decision date: 5 June 2026| Member: Philip Carr
Resha v Allianz Australia Insurance Limited [2026] NSWPIC 332
Motor Accident Injuries Act 2017; miscellaneous claims assessment; whether claimant wholly or mostly at fault; sections 3.11 and 3.28; claimant sustained injury on 19 June 2025; claimant exited driveway into a keep clear zone intending to turn right onto three lane highway; claimant alleged three lanes of traffic stopped at keep clear zone; insured driver in lane 3 collided with claimant’s vehicle; Held – AAI Limited t/as GIO v Evic applied; claimant failed to keep a proper lookout and failed to give way; insured driver failed to keep proper lookout; as per Podrebersek v Australian Iron and Steel assess contributory negligence of claimant at 80%; claimant wholly or mostly at fault for the accident; application for exceptional costs under section 8.10(4)(b) of the Act by the claimant refused; regulated costs assessed in favour of the claimant; application by the insurer for an order under section 8.3(4) that it be permitted to pay legal costs to its lawyers outside of the costs permitted by the Regulations refused.
Decision date: 9 June 2026| Senior Member: Susan McTegg
AAI Limited t/as GIO v Jiri [2026] NSWPIC 333
Motor Accident Injuries Act 2017; settlement approval; closed fracture to the right middle finger; no entitlement to damages for non-economic loss; 0% whole person impairment; at time of accident employed as a laboratory manager; closed period of past economic loss; return to work after 12 weeks with no incapacity for employment; buffer offer for future economic loss of $55,000; Regulation 95 Personal Injury Commission Rules 2021; clause 7.37 of the Motor Accident Injury Guidelines; RACQ Insurance Limited v Motor Accidents Authority of NSW (No 2) considered and applied; Held – settlement approved as just, fair and reasonable and within the range of likely outcomes if the case were to proceed to trial.
Decision date: 9 June 2026| Member: Terence Stern OAM
AAI Limited t/as GIO v Kaldas [2026] NSWPIC 334
Motor Accident Injuries Act 2017; miscellaneous dispute; dispute about whether claimant made due inquiry and search under section 2.31; dispute whether claimant provided a full and satisfactory explanation for the delay in making the claim under section 6.14t; claimant was involved in a motor vehicle accident on 12 August 2019 when the vehicle he was driving hit a wall to avoid hitting another vehicle driving through the intersection; decision on the papers; claimant failed to make due inquiry and search under section 2.31; Cavanagh v Nominal Defendant, Harrison v Nominal Defendant, Nominal Defendant v Meakes; Nominal Defendant v Ayache, McLennan v Nominal Defendant, The Nominal Defendant v Ross, and Ziegeler v Nominal Defendant applied; Held – claimant provided a full and satisfactory explanation for the delay in making the claim under section 5.14; costs are reserved pending submissions from the parties.
Decision date: 9 June 2026| Member: Terence Stern OAM
AAI Limited t/as AAMI v Popko [2026] NSWPIC 336
Motor Accident Injuries Act 2017; settlement approval; claimant was injured on 17 July 2024; claimant was working at the time of the accident; claimant is aware no entitlement to future statutory benefits once settlement is approved; settlement complies with clause 7.37 of the Motor Accident Injuries Guidelines; Held – settlement approved in the amount of $467,347.74, consisting of $300,000.00 non-economic loss and past economic loss of $50,000.00 and $135,000.00 future economic loss.
Decision date: 18 June 2026| Member: Philip Carr
Workers Compensation non-Presidential Member Decisions
Filipovic v Workers Compensation Nominal Insurer (iCare) & Anor [2026] NSWPIC 282
Workers Compensation Act 1987; Workplace Injury Management and Workers Compensation Act 1998 (1998 Act); employer’s application pursuant to section 145(3) of the 1987 Act to determine his liability to reimburse the nominal insurer for medical expenses; whether the worker injured her back at work as alleged; whether she notified injury to the respondent; whether medical expenses were reasonably necessary as a result of injury; whether the claim is time-barred for failure to comply with section 261 of the 1998 Act; Held – worker injured her back and notified the employer on the day of injury; applicant has not proven that medical expenses were not reasonably necessary; the time bar is not engaged in the circumstances of this case; determination that applicant is liable to reimburse the nominal insurer.
Decision date: 27 March 2026| Principal Member: Richard Perrignon
Galea v State of New South Wales (NSW Police Force) [2026] NSWPIC 321
Workers Compensation Act 1987; lump sum compensation claim to be referred to a Medical Assessor (MA); disputed injury to auricular nerve; parties agree discolouration from same incident to be referred for medical assessment; Held – applicant sustained a greater auricular nerve injury as a result of an assault on 23 March 2014; applicant’s claim for nervous system (greater auricular nerve) and skin (TEMSKI) to be remitted to the President for referral to a MA pursuant to section 66.
Decision date: 3 June 2026| Member: Fiona Seaton
Cutugno v State of New South Wales (NSW Police Force) [2026] NSWPIC 322
Workers Compensation Act 1987; lump sum compensation under sections 66 and 67; cervical spine; thoracic spine; lumbar spine; injury; substantial contributing factor; claim for compensation under sections 66 and 67 for cervical, thoracic and lumbar spine; injury in dispute; sections 4 and 9A; Held – applicant sustained injury to his thoracic and lumbar spine arising out of employment with NSW Police Force; employment was a substantial contributing factor; applicant not discharge onus of establishing injury to cervical spine; award for the respondent in respect of the cervical spine; injury to thoracic and lumbar spine referred for medical assessment.
Decision date: 3 June 2026| Senior Member: Susan McTegg
Barr v Probe Asia Pacific Pty Ltd [2026] NSWPIC 323
Workers Compensation Act 1987; injury to the applicant’s left wrist disputed; applicant aged 28 with duties involving use of mouse and keyboard; accepted right wrist injury; no dispute that proposed surgery to the left wrist is reasonably necessary treatment if issue of injury determined in applicant’s favour; conflicting medical evidence relating to issue of left wrist injury; finding made that applicant had initially reported left as well as right wrist injury to insurer as well as her treating specialist; Held – pursuant to section 4(b)(i) on 23 August 2023 (deemed) the applicant sustained an injury to her left wrist with her employment being the main contributing factor to the contraction of her disease, the left carpal tunnel syndrome; pursuant to section 60, the proposed “left wrist arthroscopy and debridement of dorsal scapholunate ganglion and scapholunate repair and left wrist open carpal tunnel release, in addition to ongoing physiotherapy and reasonably necessary related costs required to manage the injury and surgery recovery” are reasonably necessary treatment expenses as a result of the injury on 23 August 2023 (deemed); the above-mentioned treatment costs are to be paid by the respondent in accordance with the applicable SIRA gazetted fees order.
Decision date: 3 June 2026| Member: Josephine Bamber
Raza v GM Cabs Pty Ltd [2026] NSWPIC 324
Workplace Injury Management and Workers Compensation Act 1998; claim for lump sum permanent impairment as a result of injury to the lumbar spine, cervical spine and left shoulder; whether at the time of the injury the applicant was a worker plying for hire with a vehicle, the use of which was obtained under a contract of bailment; clause 10 of schedule 1; Bolton v Ibrahim & Anor considered; Held – at the time of the injury the applicant was a worker plying for hire with a vehicle, the use of which was obtained under a contract of bailment; order for referral to Medical Assessor for assessment of whole person impairment.
Decision date: 3 June 2026| Member: John Isaksen
Mahmoud v Wesdow Pty Ltd [2026] NSWPIC 325
Workplace Injury Management and Workers Compensation Act 1998; applicant was injured in the course of his employment when he fell from formwork into a shutter box pit; liability accepted for soft tissue injuries and a superficial graze to the left shin; in dispute was whether applicant suffered injuries to the shoulders, elbows, feet, right hip, back, neck and secondary psychological injury; dispute about weekly payments from 13 March 2025 to date and continuing; reasonable basis to accept evidence where there is no cross examination; adequacy of reports based on incomplete history; E B Murray Family Investments Pty Ltd t/as Bede Murray Racing Stables v Howard, Ali v Nationwide News Pty Ltd considered and applied; Held – applicant did not suffer any injuries other than minor blunt trauma injury to the knees and a superficial graze to the left shin; applicant did not suffer injuries to the shoulders, elbows, feet, right hip, back, neck nor a secondary psychological injury; applicant is not incapacitated for work as a result of the injuries he suffered in the course of employment; award for the respondent.
Decision date: 4 June 2026| Member: Jeffrey Gabriel
BWF v Blackhealth Area Neighbourhood Centre Inc [2026] NSWPIC 328
Workplace Injury Management and Workers Compensation Act 1998; workers compensation; whether applicant deemed worker of respondent; clause 2 of schedule 1; whether applicant party to contract with the respondent; Scerri v Cahill & Another applied; object of National Disability Insurance Scheme Act 2013 (Cth) considered; Held – applicant was not party to contract with the respondent; award for the respondent.
Decision date: 5 June 2026| Member: Mitchell Strachan
Lane v Rux Energy Pty Ltd [2026] NSWPIC 329
Workers Compensation Act 1987 (1987 Act); Workplace Injury Management and Workers Compensation Act 1998 (1998 Act); claim for weekly compensation payments and treatment expenses under the 1987 Act; whether the applicant was a worker pursuant to section 4 of the 1998 Act or a deemed worker pursuant to section 5 of the 1998 Act and clause 2 of Schedule 1 to the 1998 Act; Stevens v Brodribb Sawmilling Company Pty Ltd, Construction, Forestry, Mining and Energy Union v Personnel Contracting Pty Ltd, On Call Interpreter v Commissioner considered; Held – applicant not a worker or deemed worker; award for the respondent.
Decision date: 5 June 2026 | Member: Diana Benk
Reid v State of New South Wales (NSW Police Force) [2026] NSWPIC 330
Workers Compensation Act 1987; exempt worker; claim for injury to left shoulder hip in 1997 and claim for cervical spine in 1999; claim for lump sum compensation and pain and suffering pursuant to sections 66 and 67; consideration of applicant’s statement and medical reports and claim correspondence; injuries alleged to have occurred during arrests; whether the applicant sustained an injury to her left shoulder on 2 September 1997 and an injury to her cervical spine on 1 February 1999 in accordance with sections 4 and 9A; whether the applicant is entitled to an award pursuant to sections 66 and 67; contemporaneous complaint of left shoulder injury; no contemporaneous complaint of cervical spine injury when other injuries were referred to; weight to be given to applicant’s statement when there is no contemporaneous evidence; Department of Education and Training v Ireland, Owen v Motor Accidents Authority of NSW, and Bugat v Fox considered; Held – the applicant sustained an injury to her left shoulder on 2 September 1997; award in favour of the applicant; remitted to the President to be referred to a Medical Assessor to assess; applicant did not sustain an injury to her cervical spine on 1 February 1999; award in favour of the respondent; costs for left shoulder to be agreed or assessed.
Decision date: 5 June 2026| Member: Terence O'Riain
Batarseh v Thompson Health Care Pty Ltd [2026] NSWPIC 331
Workers Compensation Act 1987; claim for lump sum compensation for accepted psychological injury; whether the Personal Injury Commission (Commission) should determine the claim for permanent impairment or remit it to the President for referral to a Medical Assessor where respondent failed to determine the claim; Held – the Commission determines the respondent is to pay the applicant $56,830 for a 19% whole person impairment as a result of injury on 27 July 2023 pursuant to section 66.
Decision date: 5 June 2026| Member: Fiona Seaton
Workers Compensation Act 1987; applicant was employed as a teacher by the respondent; a claim was made for psychological injury and liability was accepted; at the time of her injury, she was on a fixed assignment as Religious Education Coordinator (REC) in one of the respondent’s schools; in dispute was the applicant’s pre-injury average weekly earnings (PIAWE); specifically, clause 8C and whether the change to applicant’s employment arrangement was of an ongoing nature such that the relevant period should only consider the weeks in which the applicant was acting as an REC; discussion of clause 8C and what constitutes changes of an ongoing nature; Secretary, Department of Communities and Justice v Farrugia, and Beckett v State of NSW (Department of Climate Change, Energy, the Environment and Water) considered and applied; Held – applicant’s PIAWE as at the date of injury is $2,974.40; respondent is to pay the applicant weekly payments in accordance with the above PIAWE figure pursuant to sections 36 and 37, subject to indexation, as well as the maximum weekly payment amount pursuant to section 34; insurer is to have credit for weekly payments made to date.
Decision date: 9 June 2026| Member: Jeffrey Gabriel
Motor Accidents Medical Review Panel Decisions
Allianz Australia Insurance Limited v Beverley-Schack [2026] NSWPICMP 264
Motor Accident Injuries Act 2017; threshold Injury dispute; claimant was riding her motorbike north bound on the Pacific Highway in the right lane; insured 4-Wheel Drive vehicle travelling in the opposite direction made a right hand turn across the path of the claimant’s motorbike which struck the passenger’s side front aspect of the insured vehicle; the impact caused the claimant to be thrown onto the windscreen of that vehicle and then onto the road; claimant underwent plastic surgery on her lower lip for a laceration the next day; claimant required repair of pre-existing orthodontic appliances; claimant had no previous significant facial injuries; Medical Assessor (MA) found that a resolved injury to tooth 12, involving nerve root concussion, is a non-threshold injury; insurer’s review application allowed on basis of the MA’s causation reasons being inadequate; Review Panel satisfied that case involves a non-vital tooth 12; Review Panel satisfied that subject accident could have, and did, cause nerve-root concussion damage to tooth 12, which is a non-threshold injury; Held – Medical Assessment Certificate confirmed.
Decision date: 16 April 2026| Panel Members: Member Gary Victor Patterson, Dr Geoffrey (Paul) Curtin, and Dr Adrian Vertoudakis| Injury module: Dental Injury
Youi Pty Limited v Jbara [2026] NSWPICMP 335
Motor Accident Injuries Act 2017; review of medical assessment of a Medical Assessor (MA); whether the claimant suffered injuries caused by the accident give rise to a whole person impairment (WPI) greater than 10%; causation in dispute, primarily for the right knee injury; claimant gave history at re-examination of onset of symptoms several weeks after accident; no initial complaint of knee injury; found to be medically implausible to suggest right knee pathology caused by the accident in such circumstance; evidence of prior knee issues; Held – an assessment of a 5% WPI due to injuries caused by the accident; Medical Assessment Certificate (MAC) revoked; new MAC issued.
Decision date: 18 May 2026| Panel Members: Member Elizabeth Medland, Dr Ian Cameron, and Dr Les Barnsley | Injury module: Spine, Upper Limb, and Lower Limb
Insurance Australia Limited t/as NRMA Insurance v Thorn [2026] NSWPICMP 382
Motor Accident Injuries Act 2017; review of medical assessment of Medical Assessor (MA); whether the claimant suffered injuries caused by the accident that are threshold injuries for the purposes of the Act; whether injuries caused by the motor accident give rise to a whole person impairment greater than 10%; lumbar spine pre-existing degenerative changes; no objective evidence of pre-existing impairment; annular tear caused by motor accident; opinion of an Independent Medical Examiner considered; therefore, not a threshold injury; dysmetria assessed at a 5% whole person injury (WPI); similar findings regarding labral tear of right hip; assessment of a 2% WPI for the claimant’s right hip; subsequent accidents considered; Held – claimant did suffer injuries caused by the accident that are not threshold injuries; WPI assessed at 7%; Medical Assessment Certificate (MAC) of the original MA is revoked; new MAC is issued.
Decision date: 28 May 2026| Panel Members: Member Elizabeth Medland, Dr Shane Maloney, and Dr Margaret Gibson | Injury module: Spine, and Lower Limb
Al Salih v Allianz Australia Insurance Limited [2026] NSWPICMP 393
Motor Accident Injuries Act 2017; threshold injury dispute; claimant was driving on his way home his vehicle was hit on the passenger side by the vehicle at fault, which failed to give way at the intersection; claimant pulled over and was in a state of shock; his passenger was significantly injured; claimant reported brief amnesia; claimant saw his GP the following day with right-sided neck pain radiating to his shoulder and upper back; claimant has not returned to work since the accident; claimant had MRI investigation that showed disc pathology in the cervical region; claimant reported symptoms of depression with anxious distress associated with poor adaptation, pain, hopelessness and helplessness; claimant is not working and struggles with sitting and standing; claimant reports that his sleep is poor and he is over-analysing; he has sustained a knee injury requiring surgery; claimant has ongoing pain in his neck and shoulder causing poor adaptation and fear of disability; Medical Assessor (MA) found that the claimant suffered an accident-related adjustment disorder with mixed anxiety and depressed mood, which is a threshold injury; claimant’s review application allowed on basis that MA failed to provide an adequate path of reasoning as to how claimant did not satisfy diagnosis of major depressive disorder; claimant re-examined by both Review Panel MAs remotely; MAs determined that claimant did not have an identifiable diagnosis specific to the subject accident; MAs satisfied there is no evidence of aggravation of previous adjustment disorder; Review Panel certifies that no psychiatric condition/injury was caused by the subject accident; Medical Assessment Certificates (MAC) revoked; new MAC issued.
Decision date: 1 June 2026| Panel Members: Member Gary Victor Patterson, Dr Christopher Canaris, and Dr Michael Hong| Injury module: Mental and Behavioural
Edwards-Tai v AAI Limited t/as GIO [2026] NSWPICMP 400
Motor Accident Injuries Act 2017; review of the medical assessment certificate of the Medical Assessor (MA); dispute about whether an injury to the lower back was caused by the motor accident; whether the injury was a threshold injury; where an MRI scan in evidence, performed 5 months after the accident in August 2024 showed a broad-based posterior and central disc herniation causing effacement of the thecal sac at L3-4; whether the accident caused a lumbar spine disc herniation at L3-4; claimant first reported lower back pain 6 days after the accident; no prior back pain; claimant 26 years of age at the time of the accident; forceful collision causing abdominal bruising; claimant re-examined; where the MAs of the Review Panel considered that the constellation of changes demonstrated on imaging were longstanding and representative of a degenerative process, rather than a traumatic event and that the motor accident did not produce any acceleration of the pre-existing abnormalities in the spine; even where the imaging demonstrated a protrusion, this is a radiological finding, which must be considered within the clinical context; where the MAs of the Review Panel found that the pattern of onset of back complaints and the constellation of imaging findings was consistent with there being a soft tissue injury to the lumbar spine caused by the accident and therefore a threshold injury; where the Member of the Review Panel dissented giving separate reasons for the conclusion that on the basis of the totality of evidence, including the biomechanical forces of the accident, the absence of any pre-accident symptom, the near contemporaneous symptom onset, the anatomical symptom evolution culminating in the imaging findings in August 2024, that it was more probable than not, that the motor accident caused the structural disc pathology at L3-4 and that such injury is a non-threshold injury; Momand v Allianz Australia Insurance Limited applied; where according to rule 128(6) Personal Injury Commission Rules 2021, the determination of the majority is taken to be the determination of the Review Panel; Held – the injury to the lumbar spine caused by the accident is a soft tissue injury and therefore a threshold injury; original Medical Assessment Certificate is confirmed.
Decision date: 4 June 2026| Panel Members: Member Maurice Castagnet, Dr Shane Moloney, and Dr Margaret Gibson| Injury module: Spine
Pilic v Insurance Australia Limited t/as NRMA Insurance [2026] NSWPICMP 403
Motor Accident Injuries Act 2017; psychiatric threshold injury dispute; claimant was exiting an Uber when the driver accelerated hitting the claimant and running over his left foot; claimant sustained multiple physical injuries and later claimed psychological injuries; original Medical Assessment Certificate (MAC) found adjustment disorder which is a threshold injury; original Medical Assessor was not satisfied that the claimant had a persistent low mood continuously “for at least two years altogether” to satisfy criterion A under the DSM-5-TR; Review Panel noted that claimant returned to his home country of Serbia about six months after the motor accident where he sought psychotherapist treatment; Review Panel was satisfied claimant had psychiatric symptoms following the motor accident that satisfied the DSM-5-TR criteria for persistent depressive disorder and post-traumatic stress disorder; Held – claimant sustained accident-related psychiatric diagnoses that were not threshold injuries; MAC revoked; new MAC issued.
Decision date: 5 June 2026| Panel Members: Member Jeremy Lum, Dr Wayne Mason, and Dr John Lam-Po-Tang| Injury module: Mental and Behavioural
AAI Limited t/as AAMI v Cardona [2026] NSWPICMP 405
Motor Accident Injuries Act 2017; Medical Review Panel; lumbar spine; cervical spine; right shoulder; left shoulder; right hip; principle in Nguyen v Motor Accidents Authority of New South Wales & Anor; whole person impairment (WPI); inconsistency; causation; impact; contemporaneous complaint; claimant suffered injury in an accident on 8 March 2024; Medical Assessor (MA) assessed a 14% WPI; insurer sought review; Held – inconsistencies in presentation; assess impairment at time of assessment; test of causation as per Briggs v IAG Limited Trading as NRMA Insurance applied; lack of contemporaneous evidence not determinative of causation as per Bath v Allianz Australia Insurance Ltd; claimant sustained injury to cervical spine, lumbar spine, right shoulder and right hip caused by the accident; injury to left shoulder from referred pain from neck as per Nguyen v the Motor Accidents Authority of NSW & Zurich Australian Insurance Ltd; lumbar spine assessed as DRE category II or a 5% WPI; cervical spine assessed as DRE category II or a 5% WPI; right hip assessed as a 0% WPI; right shoulder assessed as a 7% WPI; left shoulder assessed as a 5% WPI; Medical Assessment Certificate of original MA revoked; total assessed at 20% WPI; new MAC issued.
Decision date: 9 June 2026| Panel Members: Senior Member Susan McTegg, Dr Shane Maloney, and Dr David Gorman| Injury module: Spine, Upper Limb, and Lower Limb
Bachir v AAI Limited t/as AAMI [2026] NSWPICMP 406
Motor Accident Injuries Act 2017; review of Medical Assessor’s (MA) determination of permanent impairment for psychological or psychiatric injury under section 7.26; where the MA found that the claimant’s narrative and presentation at his assessment was consistent with having no current or ongoing psychiatric disorders directly related to the motor accident; claimant re-examined by the Review Panel; where the Review Panel found that the claimant suffered an aggravation of a pre-existing persistent depressive disorder causally related to the accident; aggravation has not ceased; psychiatric injury assessed at 6% whole person impairment; Held – Medical Assessment Certificate (MAC) of the original MA is revoked; new MAC issued.
Decision date: 10 June 2026| Panel Members: Member Maurice Castagnet, Dr Christopher Canaris, and Dr Michael Hong| Injury module: Mental and Behavioural
Allianz Australia Insurance Limited v Boal [2026] NSWPICMP 384
Motor Accident Injuries Act 2017; motor accident on 6 October 2023; rear end collision shunting claimant’s vehicle into other lane resulting in head on collision; orthopaedic injuries and various soft tissue injuries; assessment of whole person impairment (WPI) for physical injuries; assessment of left thumb; not satisfied of pre-existing deduction pursuant to clause 6.31 of the Motor Accident Guidelines (Guidelines); application of clause 6.51 of the Guidelines; contralateral uninjured right thumb has loss of movement; scans show pre-existing arthritis in both thumbs; reasonable expectation that injured left thumb would have similar findings to the uninjured right thumb before injury; no error of principle in assessment of other body parts; Held – claimant assessed at a 9% WPI; original Medical Assessment Certificate (MAC) revoked; new MAC issued for physical injuries not greater than 10%.
Decision date: 11 June 2026| Panel Members: Principal Member John Harris, Margaret Gibson, and Dr Ian Cameron| Injury module: Brain Injury, Spine, Upper Limb, Minor Skin
Lee v Allianz Australia Insurance Limited [2026] NSWPICMP 408
Motor Accident Injuries Act 2017; medical review panel; assessment of degree of whole person impairment (WPI); persistent depressive disorder; rear-ended collision; claimant able to drive herself home; no emergency services attended; attributes current psychological and physical state entirely to motor vehicle accident; persistent depressive disorder; application of psychiatric impairment rating scale; psychiatric symptoms and functioning have not taken into account the claimant limitations for reasons related to physical impairment or pain; previous episode of mental health appear to have resolved prior to the motor vehicle accident; nexus between subject accident and psychiatric injury established; WPI assessed at 7%; Held – Review Panel confirms the Medical Assessment Certificate of the original Medical Assessor.
Decision date: 15 June 2026| Panel Members: Member Hugh Macken, Dr Gerald Chew, and Dr Christopher Rickard Bell| Injury module: Mental and Behavioural
Workers Compensation Medical Appeal Panel Decisions
Baxter v Metlife Insurance Ltd [2026] NSWPICMP 367
Workplace Injury Management and Workers Compensation Act 1998; psychological Injury; lump sum claim; appellant worker challenged assessment in one of the six psychiatric impairment rating scale categories; social and recreational activities; no error found; Held – Medical Assessment Certificate confirmed.
Decision date: 25 May 2026 | Panel Members: Member Jane Peacock, Dr Michael Hong, and Dr Douglas Andrews | Injury module: Psychiatric/psychological
State of New South Wales (Mid North Coast Local Health District) v Trappett [2026] NSWPICMP 398
Workplace Injury Management and Workers Compensation Act 1998; appeal by employer for the 79% whole person impairment assessment (WPI) for claimant following an anaphylactic reaction to COVID vaccination; whether the note to Table 6.2 of American Medical Association Guides to the Evaluation of Permanent Impairment, 5th ed; limited the assessment for air passage defect to a 25% WPI; whether the claimant had undergone a successful permanent tracheostomy which was the basis for the 25% WPI limitation; Wingfoot Australia Partners Pty Ltd v Kocak considered; Held – Medical Assessor explained why he found that the note to Table 6.2 did not apply as the tracheostomy had not been successful, observations made as to whether the appellant employer deliberately attempted to mislead the Panel; Medical Assessment Certificate confirmed.
Decision date: 2 June 2026| Panel Members: Member John Wynyard, Dr Paul Niall, and Dr Thandavan Raj| Injury module: ENT and Related Structures
O'Neill v Hi-Quality Transport Pty Ltd [2026] NSWPICMP 401
Workplace Injury Management and Workers Compensation Act 1998; medical appeal; psychological injury; worker suffered psychological injury; also suffered from non work-related chronic obstructive pulmonary disorder (COPD); consideration of consent orders making payments for weekly benefits for a closed period, with notations; consent orders not binding; Haroun v Rail Corporation New South Wales & Ors applied; whether psychological symptoms due to injury or as a result of COPD; consideration of New South Wales Department of Education v Johnson and three categories in State Government Insurance Commission v Oakley; no novus actus found; work injury continued to materially contribute to impairment; Held – Medical Assessment Certificate (MAC) revoked; new MAC issued.
Decision date: 4 June 2026| Panel Members: Member Parnel McAdam, Dr Doug Andrews, and Dr Ash Takyar | Injury module: Psychological/psychiatric
Murray v Jugiter Pty Limited [2026] NSWPICMP 402
Workplace Injury Management and Workers Compensation Act 1998; claim for whole person impairment (WPI) for the cervical spine, thoracic spine and right upper extremity; appeal by the worker; no complaint on appeal about the overall impairment level assessed for the cervical spine; complaint about assessment of a 2% WPI for restrictions on Activities of Daily Living (ADLs); Appeal Panel found no error in this regard; complaint on appeal about the assessment of a 0% WPI for the thoracic spine; Appeal Panel found no error in this regard as the Medical Assessor (MA) was entitled to rely on his clinical findings on the day of examination and there were no positive findings; complaint on appeal about the assessment of a 2% WPI for the right upper extremity based on impingement; appellant argued range of motion (ROM) should have formed the basis of the assessment; Appeal Panel found no error in this regard as MA was entitled to rely on his clinical judgment on the day of assessment that the ROM was an unreliable measure of impairment assessment because the appellant was inconsistent in his presentation and having regard to the wide variation in ROM measurements in the various medical reports that were in evidence; Held – MAC confirmed.
Decision date: 4 June 2026| Panel Members: Member Jane Peacock, Dr Drew Dixon, and Dr Tim Anderson| Injury module: Cervical Spine, Thoracic Spine, and Right Upper Extremity
Ergul v Settlement Services International Limited [2026] NSWPICMP 404
Workplace Injury Management and Workers Compensation Act 1998; workers compensation; appeal from decision of medical assessor; whether appellant had reached maximum medical improvement; sufficiency of reasons; decision not to be read with eye for error; Minister for Immigration and Ethnic Affairs v Wu Shan Liang considered; obligation to give adequate reasons; Wingfoot Australia Partners Pty Ltd v Kocak considered and applied; Held – Medical Assessor had failed to expose path of reasoning in finding maximum medical improvement had not been reached; re-examination on behalf of appeal panel; held (for different reasons) maximum medical improvement not reached; Medical Assessment Certificate confirmed.
Decision date: 9 June 2026| Panel Members: Member Mitchell Strachan, Dr Douglas Andrews, and Dr Michael Hong| Injury module: Psychological/psychiatric
Motor Accidents Merit Review Decisions
CJB v Allianz Australia Insurance Limited [2026] NSWPICMR 18
Motor Accident Injuries Act 2017; merit review dispute as to the calculation of pre-accident weekly earnings (PAWE); dispute largely contained to issue of the interpretation of the word received in schedule 1 clause (4)(2)(a); insurer calculated PAWE excluding amounts received by the claimant after the relevant period, however, relating to work performed during the relevant period; Review Panel’s findings on the issue in matter of Kipkorir v Insurance Australia Ltd t/as NRMA Insurance applied; amounts received after the relevant period not included in the calculation; Held –reviewable decision affirmed.
Decision date: 27 May 2026| Merit Reviewer: Elizabeth Medland
Salman v QBE Insurance (Australia) Limited [2026] NSWPICMR 24
Motor Accident Injuries Act 2017; merit review; dispute regarding calculation of pre-accident weekly earnings (PAWE); calculation under schedule 1 clause 4(1); distinction between claimant’s earnings and earnings of Trusts; reconciliation of claimant’s accounts and Trust accounts with invoices; consideration of forensic accounting evidence; Held – PAWE calculation based on invoices verified by bank transactions and claimant’s evidence, which was not challenged by insurer; reviewable decision set aside; PAWE determined to be $845.22.
Decision date: 4 June 2026| Merit Reviewer: Bianca Montgomery-Hribar
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.
Subscribeto receive legal bulletins to your inbox.