Legal Bulletin No. 274

Issued 21 August 2026

Welcome to the two hundred and seventy-fourth 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

QBE Insurance (Australia) Limited v Foot [2026] NSWPIC 454

Motor Accident Injuries Act 2017; exemption from assessment; not suitable for assessment; complex legal or factual issues; issues of liability; section 7.34(1)(b); Rule 99 Personal Injury Commission Rules; clause 14(e) of the Motor Accident Regulation 2017; claimant sustained injury in the courses of his employment on 14 January 2021 when an excavator struck his left leg; at the time the claimant was positioned at the end of a large pipe which the excavator was in process of moving into position; insurer disputes the excavator was driving at the time and that it was being used as a loading device; the insurer denied liability on the basis the injury was not caused by a motor accident; insurer sought discretionary exemption; claimant supported application; Held – there are complex factual and legal issues as to liability, fault and causation and related proceedings against a non-CTP entity; recommend matter be exempted from assessment; recommendation subsequently approved by the Division Head, as the President’s delegate.

Decision date: 10 July 2026 | Senior Member: Susan McTegg

Duong v Insurance Australia Limited t/as NRMA Insurance [2026] NSWPIC 458

Motor Accident Injuries Act 2017; damages assessment; injuries exceed 10% whole person impairment (WPI); credibility and veracity of claimant as to capacity; requirement for osteotomy; psychological injury; major depressive disorder; Held – claimant able to continue in employment with some restrictions; uncertainty of work with ongoing complaints and pain; uncertainty as to calculations for future economic loss; requirement for buffer to reflect loss of earning.

Decision date: 7 August 2026 | Member: Philip Carr

AAI Limited t/as GIO v Van Klaveren [2026] NSWPIC 459

Motor Accident Injuries Act 2017; settlement approval; claimant was injured on 2 March 2024; The claimant was working at the time of the accident; claimant is aware this approval resolves his common law damages claim; settlement complies with clause 7.37 of the Motor Accident Injuries Guidelines; Held – settlement approved in the amount of $455,000, consisting of $300,000 non-economic loss and past economic loss of $5,000 and of $150,000 for future economic loss.

Decision date: August 2026 | Member: Philip Carr

Allianz Australia Insurance Limited v Rahr [2026] NSWPIC 462

Motor Accident Injuries Act 2017; settlement approval; claimant riding his Vespa Motor Scooter when he says the insured driver turned across into his path; although insured’s version was the claimant rode through a red light, the insurer wholly admitted liability and proposed a settlement which was accepted by the claimant; claimant 75 yr old male working as the Executive Officer in his family company selling medical devices; sustained a compound fracture of the left femur which was required two surgeries; reasonable recovery with some restrictions; whole person impairment assessed as 9%; damages limited to past and future economic loss; Held – settlement approved in the sum of $106,000; settlement amount just, fair and reasonable and within the range of likely potential damages assessment if the claim was to proceed to assessment taking into account the nature and extent of the claim, injuries, disabilities, impairments and losses.

Decision date: 10 August 2026| Member: Elyse White

Wallace v Insurance Australia Limited t/as NRMA Insurance [2026] NSWPIC 465

Motor Accident Injuries Act 2017; whether accident caused wholly or mostly by the fault of the claimant; accident occurred when claimant attempted to merge lanes; Podrebersek v Australian Iron & Steel Pty Ltd (Podrebersek) not applied; Derrick v Cheung, Marien v Gardiner, Marien v HJ Heinz Company Australia Ltd, and AAI Limited t/as GIO v Evic applied; Held – the accident was caused by the fault of the claimant; there was no fault on the part of the other driver; because there was no culpable conduct on the part of the other driver, which could be subjected to comparative examination, the exercise called for in Podrebersek can have no application; assessment of whether the accident was caused wholly or mostly by the claimant undertaken by inquiring how far he departed from the standard of care he was required to observe in the interests of his own safety; contributory negligence assessed at 75%; accident caused mostly by the fault of the claimant; costs order made under section 8.10(4)(b) of the MAI Act.

Decision date: 11 August 2026 | Senior Member: Brett Williams

O'Neill v Allianz Australia Insurance Limited [2026] NSWPIC 466

Motor Accident Injuries Act 2017; whether claimant wholly or mostly at fault for the purposes of section 3.11 and 3.28; assessment of contributory negligence pursuant to section 3.38; single vehicle accident; AAI Ltd (t/as GIO) v Evic considered and applied; claimant riding motorcycle on unfamiliar road in a social group ride; consideration of whether claimant suffered a medical episode; Held – no evidence of medical episode; claimant not wholly or mostly at fault for the accident; contributory negligence assessed as 45%.

Decision date: 11 August 2026| Member: Bianca Montgomery-Hribar

Insurance Australia Limited t/as NRMA Insurance v Moustapha [2026] NSWPIC 467

Motor Accident Injuries Act 2017; settlement approval; claimant crossing a roadway with a green arrow when the insured ran a red light colliding with the claimant causing injuries to his right knee, elbow, foot and arm; claimant made a good recovery; a student at the time of the accident; studies delayed for one year due to injuries; no entitlement to non-economic loss; damages assessed for past loss proposed in the sum of $43,000 and a buffer for the future of $75,000; no statutory benefits paid; Held – settlement approved in the sum of $118,000; settlement amount just, fair and reasonable and within the range of likely potential damages assessment if the claim was to proceed to assessment taking into account the nature and extent of the claim, injuries, disabilities, impairments and losses.

Decision date: 11 August 2026 | Member: Elyse White

Sherriff v AAI Limited t/as AAMI [2026] NSWPIC 468

Motor Accident Injuries Act 2017; settlement approval under section 6.23(2)(b); accident as bike rider in January 2026; claimant sustained dental injuries and lumbar spine pain; short time off work; returned to work; evidence supports 5% permanent impairment for dental injuries alone; claimant advised to independently seek legal and medical advice in respect of lumbar spine; currently permanent impairment is not greater than 10%; claimant accepted insurer’s initial offer but this was not approved; insurer discontinued then refiled with amended submissions and offer; claimant told Member that despite urging he would decline to seek independent legal and medical advice; relied on insurer’s exercise physiologist; claimant accepted revised offer; claimant educated and demonstrated he had agency to decide on accepting settlement; proposed settlement fair, just and reasonable within the meaning of the Act based on current evidence; Held – proposed settlement approved.

Decision date: 11 August 2026| Member: Terence O'Riain

Workers Compensation non-Presidential Member Decisions

Bayes-Morton v Malua Building Co Pty Ltd [2026] NSWPIC 451

Workers Compensation Act 1987; whether the applicant suffered consequential condition to his left shoulder as a result of accepted injury to the right shoulder on 25 August 2023; the value of contemporaneous evidence; Nguyen v Cosmopolitan Homes, and Kooragang Cement Pty Ltd v Bates (Constructions) Pty Ltd considered and applied; Held – the applicant has demonstrated on the balance of probabilities that he has developed a consequential condition of the left shoulder resulting from protracted rehabilitation and post-surgical difficulties with the right shoulder; an unbroken chain of causation was found; matter referred to a Medical Assessor for assessment of whole person impairment of both upper extremities (shoulders).

Decision date: 3 August 2026 | Member: Diana Benk

Gao v Sunshine Roof Maintenance Pty Ltd [2026] NSWPIC 455

Workers Compensation Act 1987; applicant disputed calculation of his pre-injury average weekly earnings (PIAWE); applicant was injured on his first day of work; Schedule 3 of the Act and Regulation 8F of the Workers Compensation Regulation 2016 considered; Held – the applicant’s PIAWE is as claimed by the applicant.

Decision date: 4 August 2026| Member: Jacqueline Snell

Astill v State of New South Wales (Australian Traineeship System) [2026] NSWPIC 456

Workers Compensation Act 1987 (1987 Act); claim for compensation made under sections 66 and 67 of the 1987 Act (repealed) prior to section 67 being repealed on 27 June 2012 and prior to 19 June 2012; consent orders made for section 66 compensation below the section 67 threshold prior to 19 June 2012; further claim for section 66 compensation made after 19 June 2012 settled above the section 67 threshold; dispute as to entitlement to section 67 compensation; sections 4, 67, part 19H and clauses 3 and 15 of schedule 6 of the 1987 Act (repealed); clause 13 of schedule 2 of the Workers Compensation Legislation Amendment Act 2012 (2012 amending Act); clause 10 of schedule 8 of the Workers Compensation Regulations 2016; pain and suffering; claim for pain and suffering prior to 19 June 2012; further claim for permanent impairment compensation and pain and suffering compensation after 19 June 2012; claim; status of claim; Woolworths Ltd v Wagg, Walters v Good Guys Discount Warehouse (Australia) Pty Ltd, and Cram Fluid Power Pty Limited v Green; Held – award for State of New South Wales (Australian Traineeship System (the respondent) in respect to the claim for pain and suffering under section 67 of the 1987 Act; by consent the respondent to pay the applicant pursuant to section 66 of the 1987 Act for injury sustained on 28 June 2001; $7,500 for 10% loss of use of the right arm below the elbow (wrist), and further $16,000 for an additional 20% loss of use of the right arm at or above the elbow (shoulder) noting the previous 10% paid in 2006.

Decision date: 6 August 2026 | Member: John Turner

Han v Roblan Pty Ltd & Anor [2026] NSWPIC 460

Workers Compensation Act 1987; industrial deafness; noisy employer; ‘tendencies, incidents or characteristics’ hearing aids; section 60; section17; whether employment with first respondent was noisy; whether employment with second respondent was noisy; whether either respondent was the last employer by whom the applicant was employed in employment to the nature of which the injury was due; claim for cost of hearing aids under section 60; Blayney Shire Council v Lobley and another, and Dawson and others t/as The Real Cane Syndicate v Dawson applied; Held – evidence of applicant unreliable; applicant not establish his employment with either first or second respondent had the ‘tendencies, incidents or characteristics’ which were of a type which could give rise to the injury suffered; award for the first respondent; award for the second respondent.

Decision date: 7 August 2026| Senior Member: Susan McTegg

Domazetovski v C.H. Robinson Worldwide (AU) Pty Ltd [2026] NSWPIC 461

Workers Compensation Act 1987; respondent relies upon the section 11A defence, with the relevant conduct being limited to performance appraisal; Held – the causative conduct falls outside the parameters of performance appraisal; section 11a defence must fail; attack on the applicant’s credit rejected.

Decision date: 7 August 2026 | Senior Member: Elizabeth Beilby

Watertight Civil Services Pty Ltd v Smith & Anor [2026] NSWPIC 463

Workers Compensation Act 1987 (1987 Act); Workplace Injury Management and Workers Compensation Act 1998 (1998 Act); claim for benefits in respect of the death of a worker; apportionment of lump sum payable under section 25(1)(a) of the 1987 Act; entitlement to interest under section 109 of the 1998 Act; consideration of statement evidence, claim correspondence, and factual material; consideration of who was dependent for support on the worker at the date of his death; consideration of appropriateness of apportionment agreed between the parties; consideration of interest entitlement; Held – no other persons but the first respondent and the second respondent were dependent for support on the worker at the date of his death; the  apportionment of the lump sum under section 25(1)(a) of the 1987 Act as agreed between the parties is approved; interest under section 109 of the 1998 Act is awarded in accordance with the agreement between the parties; awards entered in favour of the first respondent and the second respondent accordingly; the monies payable to the second respondent (which are to include funds management costs payable by the applicant in accordance with section 25(1A) of the 1987 Act are to be paid in trust for his benefit to the NSW Trustee.

Decision date: 10 August 2026 | Member: Gaius Whiffin

Segovic v Austem Interiors Pty Ltd [2026] NSWPIC 464

Workers Compensation Act 1987;disputed right knee condition as a result of accepted left knee injury in 2013; applicant’s claim in 2020 for cervical spine, lumbar spine, left shoulder, right shoulder, bilateral hips and secondary psychological injury as a result of the nature of the applicant’s work disputed; respondent alleges applicant gave notice of injury and/or made claims outside legislative timeframes; claim for weekly payments and medical expenses disputed; Held – the applicant sustained a right knee condition as a result of the accepted left knee injury in 2013; applicant sustained cervical spine, lumbar spine, left shoulder and psychological injuries with deemed date of injury in 2020; award for the respondent for right shoulder and bilateral hip conditions, any failure by the applicant to give notice of injury or make a claim within the legislative prescribed times is not a bar to recovery of compensation; applicant had no current work capacity between 26 February 2019 and 9 April 20219, and between 21 September 2020 and 8 August 2025 and is entitled to payment of weekly compensation in accordance with sections 36, 37 and 38; general order for medical or related expenses as a result of injuries in accordance with section 60.

Decision date: 10 August 2026| Member: Fiona Seaton

Prinitis v Australian Boom and Scissor Lift Pty Ltd [2026] NSWPIC 470

Workers Compensation Act 1987;subject matter of decision: applicant was claiming section 60 expenses for treatment of migraine headaches and bilateral arm symptoms following a work accident where he was flung from a piece of machinery to the ground; dispute was whether the applicant had suffered injury to his brain and whether he had suffered injury to his bilateral wrists and elbows; Held – that the applicant suffered injury to his brain and that the claimed treatment expenses were reasonably necessary for that injury; award for the respondent in respect of the claimed injury to the wrists and elbows; no issue of principle.

Decision date: 11 August 2026| Member: Michael Moore

Likow v Qantas Ground Services Pty Ltd [2026] NSWPIC 471

Workers Compensation Act 1987;section 60; injury; consequential condition; State of New South Wales v Bishop, Kooragang Cement Pty Ltd v Bates, Trustees of the Roman Catholic Church for the Diocese of Parramatta v Brennan, and Moon v Conmah Pty Limited; Held – the applicant did not sustain a consequential condition of his neck as alleged; award for the respondent in respect to consequential condition of the neck; the proposed cervical spine surgery in the form of a right C4/5, C5/6 and C6/7 foraminotomy as recommended by the neurosurgeon is not reasonably necessary as the result of an injury; award for the respondent in respect to the claim under section 60 for the costs of and ancillary to cervical spine surgery in the form of a right C4/5, C5/6 and C6/7 foraminotomy as recommended by the neurosurgeon.

Decision date: 11 August 2026| Member: John Turner

Motor Accidents Medical Review Panel Decisions

Insurance Australia Limited t/as NRMA Insurance v Hirmiz [2026] NSWPICMP 583

Motor Accident Injuries Act 2017; section 1.6(3); threshold injury; post-traumatic stress disorder; panic disorder; assessment of threshold injury under s 1.6(3) of the Motor Accident Injuries Act, 2017; the claimant suffered injury in a motor vehicle accident on 20 July 2022; Medical Assessor (MA) found the claimant sustained an adjustment disorder with mixed anxiety and depressed mood caused by the accident, a threshold injury; claimant sought review; Held – Review Panel considered various diagnoses; claimant suffered panic disorder caused by the accident, a non-threshold injury; certificate of MA revoked.

Decision date: 7 August 2026| Panel Members: Senior Member Susan McTegg, Dr John Baker, and Dr Surabhi Verma| Injury module: Mental and Behavioural

QBE Insurance (Australia) Limited v Duncan [2026] NSWPICMP 584

Motor Accident Injuries Act 2017; Medical Review Panel; left shoulder; scapula, rotator cuff strain; cervical spine; causation; contemporaneous complaint; whole person impairment; claimant suffered injury in an accident on 22 November 2023; Medical Assessor (MA) certified 13% whole person impairment (WPI); insurer sought review; Held – claimant sustained left scapula fracture and left shoulder rotator cuff tear caused by the accident; injury to cervical spine not caused by the accident where not only absence of recorded complaint but denial of injury to cervical spine on examination by medical practitioners; on examination range of motion of shoulder variable; right upper limb assessed by analogy at 3% WPI; certificate of MA revoked; total assessed at 3% WPI.

Decision date: 7 August 2026 | Panel Members: Senior Member Susan McTegg, Dr Margaret Gibson, and Dr Christopher Oates| Injury module: Spine, and Upper Limb

Hanna v QBE Insurance (Australia) Limited [2026] NSWPICMP 585

Motor Accident Injuries Act 2017; claimant injured in a motor vehicle accident; Medical Assessor (MA) determined that the referred injury of adjustment disorder with mixed anxiety and depressed mood were threshold injuries; claimant sought a review; Held – Review Panel affirmed the determination by the MA that the injury caused by the accident was a threshold injury.

Decision date: 7 August 2026| Panel Members: Member Terence Stern OAM, Dr John Baker, and Dr Matthew Jones| Injury module: Mental and Behavioural

Zhao v Allianz Australia Insurance Limited [2026] NSWPICMP 588

Motor Accident Injuries Act 2017; review of medical assessment; dispute about whether psychological injury caused by accident is a threshold injury for the purposes of the Act; Medical Assessor found the claimant did not suffer a diagnosable psychological condition as a result of the accident; Todev v AAI Limited t/as GIO, Angileri v Allianz Australia Insurance Limited, and CAO v Allianz Australia Insurance Limited applied; Held – as a result of the accident there was an aggravation of a pre-existing post-traumatic stress disorder (PTSD); aggravation of pre-existing PTSD caused by the accident is not a threshold injury; Medical Assessment Certificate revoked.

Decision date: 10 August 2026| Panel Members: Senior Member Brett Williams, Dr Melissa Barrett, and Dr Himanshu Singh| Injury module: Mental and Behavioural

AAI Limited t/as AAMI v Bouillir [2026] NSWPICMP 589

Motor Accident Injuries Act 2017; review of certificate and reasons of Medical Assessor (MA) dated 9 May 2025; claimant diagnosed by the MA as having post-traumatic stress disorder (PTSD) and a persistent depressive disorder with an assessment of 11% whole person impairment (WPI); claimant involved in a very serious scooter versus car T-bone collision on 2 April 2021 requiring airlifting from Northern New South Wales to Newcastle for emergency treatment; pre-accident the claimant led an active social and work life in the hospitality industry spending several months each year in Indonesia and this continued post-accident but to a lesser extent; insurer relied on a desktop report providing information and commentary on the claimant’s social media posts; insurer obtained a psychiatric expert report with a WPI assessment of 15% but expert was subsequently shown the desktop report which had since become available and he provided a reassessment of 6% WPI; MA made no reference to the desktop material; on examination by the Review Panel claimant indicated that much of the social media related to her pre-accident function with old photographs; Review Panel disagreed with the MAs diagnosis but was satisfied that the accident caused a psychiatric disability and diagnosed the claimant as having a panic disorder with a WPI assessment of 7%; Held – certificate of MA revoked.

Decision date: 10 August 2026| Panel Members: Member Alexander Bolton, Dr John Baker, and Dr Surabhi Verma| Injury module: Mental and Behavioural

AAI Limited t/as GIO v Scales [2026] NSWPICMP 592

Motor Accident Injuries Act 2017; claimant injured in a motor vehicle accident in July 2023; review of threshold injury dispute; Medical Assessor (MA) assessed major depressive disorder (MDD) with anxious distress and determined that it was a non-threshold injury; insurer applied for review; Review Panel examined claimant; Review Panel assessed a MDD; single episode of moderate anxiety with anxious distress; Review Panel determined that the injury was a non-threshold injury; Held – Review Panel revoked determination of the MA and substituted its own determination.

Decision date: 11 August 2026| Panel Members: Member Terence Stern OAM, Dr Wayne Mason, and Dr John Baker| Injury module: Mental and Behavioural

Katrib v QBE Insurance (Australia) Limited [2026] NSWPICMP 593

Motor Accident Injuries Act 2017; review of medical assessment; threshold injury; cervical spine, lumbar spine and left shoulder; pre-existing lumbar degeneration and disc herniations; post-accident MRI demonstrating annular tears; whether annular tear constitutes complete or partial rupture of cartilage; annulus fibrosus has ligamentous and fibrocartilaginous characteristics; focal disruption of annular lamellae constitutes partial rupture; radiological terminology alone insufficient to establish trauma or causation; causation determined from pre-accident condition, accident mechanism, contemporaneous symptoms and post-accident imaging; factual errors in assessment under review Held – accident materially contributed to superimposed L4/5 annular tear; lumbar injury not a threshold injury; cervical and left shoulder injuries threshold injuries; Medical Assessment Certificate (MAC) revoked; replacement MAC issued.

Decision date: 12 August 2026| Panel Members: Member Bridie Nolan, Dr Shane Moloney, and Dr Margaret Gibson| Injury module: Spine, and Upper Limb

QBE Insurance (Australia) Limited v Jaubert [2026] NSWPICMP 594

Motor Accident Injuries Act 2017; medical assessment; review of medical assessment; threshold injury; traumatic calf laceration involving skin and fascia; whether injury confined to soft tissue; injury to nerves; saphenous nerve within 1 cm of laceration and entrapped in tissue; neurolysis performed; later numbness and reduced sensation; intact sural nerve and distal neurovascular status; whether injury to nerves requires transection or severance of named nerve; cutaneous sensory nerve fibres; neurapraxia; alleged consequential left foot injury; Held – Medical Assessment Certificate (MAC) revoked; replacement MAC issued.

Decision date: 12 August 2026| Panel Members: Member Bridie Nolan, Dr David Gorman, and Dr Mohammed Assem| Injury module: Lower Limb

Insurance Australia Limited t/as NRMA Insurance v Jackson [2026] NSWPICMP 595

Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); whole person impairment (WPI) dispute; psychological injuries; claimant was walking in a carpark when a bus struck him from behind; claimant suffered multiple pelvic fractures and alleged psychological injury; original Medical Assessor (MA) diagnosed major depressive disorder (MDD) and assessed 15% WPI; Review Panel re-examined and diagnosed post-traumatic stress disorder and MDD both caused by the motor accident; Held – Review Panel found claimant’s functioning under some categories in the Psychiatric Impairment Rating Scale to be better than that found in the medical assessment under review; impairment was assessed at 7% WPI; MAC revoked; new MAC issued.

Decision date: 12 August 2026 | Panel Members: Member Jeremy Lum, Dr John Baker, and Dr Surabhi Verma| Injury module: Mental and Behavioural

Little v Allianz Australia Insurance Limited [2026] NSWPICMP 597

Motor Accident Injuries Act 2017; claimant injured as a pedestrian in April 2021; dispute as to whole person impairment (WPI); Medical Assessor (MA) assessed claimant; certified WPI of 8%; post-traumatic stress disorder (PTSD) caused by the accident; claimant applied for review; claimant re-examined by Review Panel; Review Panel concluded that as a result of the accident, the claimant developed PTSD; Review Panel determined there was a mild impairment in self-care; moderate impairment in social and recreational activities; mild impairment in travel; mild impairment in social functioning; mild impairment in concentration; and a moderate impairment in adaptation; Review Panel adjusted for a 1% treatment effect and arrived at 8% WPI; Held – Review Panel affirmed determination of MA.

Decision date: 12 August 2026| Panel Members: Member Terence Stern OAM, Dr Christopher Rikard-Bell, and Dr Gerald Chew| Injury module: Mental and Behavioural

Assaf v Allianz Australia Insurance Limited [2026] NSWPICMP 598

Motor Accident Injuries Act 2017; threshold injury dispute; claimant was a front seat passenger in stationary car that was rear-ended by another vehicle; claimant assessed by psychiatrist who diagnosed major depressive disorder caused by the motor accident; clause 5.5 of the Motor Accident Guidelines “threshold injury decision must be based on a clinical assessment by a medical practitioner or other suitably qualified person independent from the insurer” applied; Review Panel re-examined and found major depressive disorder to be now in partial remission; Review Panel satisfied claimant had and currently has a non-threshold psychiatric injury; Held – Medical Assessment Certificate revoked; new MAC issued.

Decision date: 12 August 2026| Panel Members: Member Jeremy Lum, Dr Alan Doris, and Dr Ankur Gupta| Injury module: Mental and Behavioural

Workers Compensation Medical Appeal Panel Decisions

Hoger v TS Staffing Group Pty Ltd [2026] NSWPICMP 576

Workplace Injury Management and Workers Compensation Act 1998; appellant commenced work in noisy employment in NSW in 1990 and was also employed in noisy employment in NSW by the respondent when he gave notice of an injury of hearing loss to respondent on 30 June 2025; in the interim the appellant had spent approximately half of his time in noisy employment outside of NSW; the parties agreed the appellant had suffered an injury of hearing loss; the Medical Assessor (MA) made a deduction under section 323(1) of 50% when assessing the appellant’s degree of permanent impairment from his injury of hearing loss; whether the MA was correct to engage section 323(1); Held – the MA made an error in engaging s323(1) because for s323(1) to be applied, the relevant time at which the appellant must have had a previous injury or pre-existing condition or abnormality was 1990, and the appellant did not at that time; MAC revoked.

Decision date: 5 August 2026| Panel Members: Member Marshal Douglas, Dr Brian Williams, and Dr Paul Niall| Injury module: Hearing Loss

White v Veolia Environmental Services Australia Pty Ltd [2026] NSWPICMP 577

Workplace Injury Management and Workers Compensation Act 1998; appeal against assessment of permanent impairment of psychiatric injury on the basis of demonstrable error and the application of incorrect criteria; Appeal Panel found error in assessment of social functioning as class 2 in circumstances where the worker’s relationship with his partner had broken down; no error in assessment of social functioning; no error in assessment of concentration, persistence and pace; worker re-examined; Held – Medical Assessment Certificate revoked.

Decision date: 5 August 2026| Panel Members: Member Carolyn Rimmer, Dr Graham Blom, and Dr Michael Hong | Injury module: Psychiatric/Psychological

Inner West Council v Masalkovski [2026] NSWPICMP 578

Workplace Injury Management and Workers Compensation Act 1998; panel review of medical assessment; deduction for pre-existing condition pursuant to section 323; nature and conditions claim; injury to lumbar spine; prior isolated mention of back symptoms; demonstrable error in failing to consider the prior back complaints and degeneration demonstrated on radiology; however, evidence does not establish pre-existing condition present at commencement of employment; appellant employer medical evidence included deduction for pre-existing condition, however, referenced instances occurring during the course of employment; Medical Assessment Certificate confirmed.

Decision date: 5 August 2026| Panel Members: Member Elizabeth Medland, Dr David Crocker, and Dr Rhys Gray | Injury module: Lumbar Spine, and Scarring

Firmin v Corrective Services NSW [2026] NSWPICMP 579

Workplace Injury Management and Workers Compensation Act 1998; workers compensation; appeal from decision of Medical Assessor; introduction of additional evidence; requirements of section 328(3) of the Act met; additional evidence considered on appeal; error alleged with respect application of incorrect criteria to psychiatric impairment rating scale (PIRS) category of social and recreational activity; error not established; error alleged with respect application of incorrect criteria to PIRS category of employability; error established; reassessed from class 2 to class 3; Medical Assessment Certificate (MAC) revoked; new MAC issued.

Decision date: 5 August 2026| Panel Members: Member Mitchell Strachan, Dr Douglas Andrews, and Dr Ash Takyar| Injury module: Psychiatric/Psychological

Small v Schindler Lifts Australia Pty Ltd [2026] NSWPICMP 580

Workplace Injury Management and Workers Compensation Act 1998; psychological injury; lump sum claim; appellant worker challenged the assessments in three of the six psychiatric impairment rating scale categories for self-care and personal hygiene, social and recreational activities and concentration, persistence and pace; no errors found; Medical Assessment Certificate confirmed.

Decision date: 5 August 2026| Panel Members: Member Jane Peacock, Dr Michael Hong, and Dr Douglas Andrews | Injury module: Psychiatric/Psychological

Integrated Technology Services Pty Ltd v Hombos [2026] NSWPICMP 581

Workplace Injury Management and Workers Compensation Act 1998; appeal against assessment of the right knee; grounds of appeal made on basis of demonstrable error and application of incorrect criteria; Appeal Panel satisfied that the Medical Assessor (MA) had erred in using the incorrect terms in the application of Table 17-10 of American Medical Association Guides to the Evaluation of Permanent Impairment, 5th ed; Appeal Panel satisfied that the finding by the non-lead assessor of minus 5 degree celsius of knee extension is equivalent to a finding of 5 degree celsius of flexion contracture; Appeal Panel found error but reached same assessment as that made by MA; the overall assessment of whole person impairment remained the same and in those circumstances the review has not led to a different result and should not be interfered with; Held – Medical Assessment Certificate confirmed.

Decision date: 6 August 2026 | Panel Members: Member Carolyn Rimmer, Dr Mohammed Assem, and Dr Doran Sher | Injury module: Right Lower Extremity

Electric Power Transmission Pty Ltd v Arbolino [2026] NSWPICMP 586

Workplace Injury Management and Workers Compensation Act 1998; Medical Assessor utilised post 2002 NAL tables in calculating hearing impairment for 1979 injury; Held – Medical Assessment Certificate revoked.

Decision date: 7 August 2026| Panel Members: Member John Wynyard, Dr Henley Harrison, and Dr Robert Payten| Injury module: Hearing Loss

Reid v Secretary, Department of Communities and Justice [2026] NSWPICMP 587

Workplace Injury Management and Workers Compensation Act 1998; the appellant submits that the Medical Assessor erred in his whole person impairment (WPI) assessment of three of the psychiatric impairment rating scale (PIRS) categories, namely self-care and personal hygiene, social and recreational activities and travel; Review Panel found no errors; assessments were consistent with the evidence; Held – Medical Assessment Certificate confirmed.

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

Morrison v Transport for NSW [2026] NSWPICMP 591

Workplace Injury Management and Workers Compensation Act 1998; claim for whole person impairment of the cervical spine; appeal on the grounds of the assessment being made on the basis of incorrect criteria and demonstrable error in respect of the deduction of one-third under section 323 for pre-existing degenerative disease; Oswell v Sublime Install PL considered; Appeal Panel found no error; Held – Medical Assessment Certificate confirmed.

Decision date: 10 August 2026 | Panel Members: Member Carolyn Rimmer, Dr Margaret Gibson, and Dr Roger Pillemer | Injury module: Cervical Spine

Motor Accidents Merit Review Decision

Kim v Allianz Australia Insurance Limited [2026] NSWPICMR 33

Motor Accident Injuries Act 2017; dispute as to entitlement to legal costs for unregulated merit review matter; application for costs pursuant to sections 8.3(4) and 8.10(4); whether exceptional circumstances exist; AAI Limited t/as GIO v Moon and Ors, and Yacoub v Pilkington (Australia) Ltd considered and applied; inconsistencies in evidence and credibility of claimant in issue; Held – matter not unusual or out of the ordinary; circumstances were not exceptional so as to justify payment of legal costs pursuant to section 8.10; the Personal Injury Commission not satisfied legal costs should be permitted pursuant to section 8.3(4).

Decision date: 6 August 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.

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