Legal Bulletin No. 275

Issued 28 August 2026

Welcome to the two hundred and seventy-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

AAI Ltd t/as GIO v Mohammed [2026] NSWSC 991

Administrative law; review of medical assessment by Review Panel; judicial review of Review Panel decision; where medical assessment certificate revoked and replaced by Review Panel; whether Review Panel’s decision affected by reviewable error due to making of findings beyond scope of medical dispute; whether Review Panel failed to afford procedural fairness; Held – the summons filed 10 February 2026 is dismissed, with costs.

Decision date: 25 August 2026| Before: Griffiths AJ

Motor Accidents non-Presidential Member Decisions

Allianz Australia Insurance Limited v Elomar [2026] NSWPIC 472

Motor Accident Injuries Act 2017; insurer’s application for discretionary exemption from assessment under section 7.34(1)(b); insurer alleges fraud and misleading conduct in respect to the claimant’s damages; complex damages issues; claimant opposes exemption; claimant receiving Centrelink payments while operating his business; insurer seeks to cross examine claimant on potential criminal conduct; Commission unable to provide certificate regarding self-incrimination under section 128 Evidence Act; Insurance Australia Limited t/as NRMA Insurance v Banos, and IAG Limited t/as NRMA Insurance v Khaled & Ors relevant authorities; preliminary assessment of claim; Held – a court hearing is more likely to result in the just, quick and cost-effective resolution of the real issues in dispute between the parties; the claim is not suitable for assessment; recommend exempting the claim; recommendation subsequently approved by the Division Head, as the President’s delegate.

Decision date: Terence O'Riain| Member: 6 July 2026

AAI Limited t/as GIO v Saxelby [2026] NSWPIC 479

Motor Accident Injuries Act 2017; settlement approval; claimant was injured on 17 July 2025; claimant was working part time 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 $25,000, consisting of nil non-economic loss, past economic loss of $4,000 and $21,000 by way of buffer for future economic loss.

Decision date: 17 August 2026| Member: Philip Carr

Workers Compensation non-Presidential Member Decisions

Abowkhili v Platinum Painters Pty Ltd [2026] NSWPIC 473

Workers Compensation Act 1987; applicant was injured at work when he fell 1.8 metres from a ladder onto concrete; applicant had pre-existing degenerative changes; the Commission found that his condition was aggravatedaggravated by the fall, causing his symptoms to extend to his right side and cause spinal instability; Held – the need for surgery was caused by the work accident and was reasonably necessary.

Decision date: 11 August 2026| Member: Lea Drake

Coates v Harpercollins Publishers Australia Pty Ltd [2026] NSWPIC 474

Workers Compensation Act 1987; claim for lump sum compensation pursuant to section 66 for impairment to the lumbar spine; respondent denies injury; section 4; Hancock v East Coast Timber Products Pty Ltd, Castro v State Transit Authority (NSW), Lyons v Master Builders Association of NSW Pty Ltd. Kooragang Cement Pty Ltd v Bates. Nguyen v Cosmopolitan Homes, and Makita (Australia) Pty Limited v Sprowles considered;expert reports unreliable and afforded little weight on the basis of inaccurate history given by the applicant particularly given injury to the lumbar spine in private circumstances at home, which precipitated treatment and incapacity; applicant did sustain an injury to the hamstring but no evidence of lumbar spine injury; there was no contemporaneous reporting of lumbar spine injury as pleaded; CCTV footage inconsistent with claims made; Held – award for the respondent.

Decision date: 12 August 2026| Member: Diana Benk

Black v Penrith Rugby League Club Ltd [2026] NSWPIC 475

Workers Compensation Act 1987; alleged knee injury in course of employment; claim for costs of knee surgery; dispute as to injury and whether claimed treatment reasonably necessary as the result of an injury; section 4(b)(ii) and 60; injury; disease injury; main contributing factory; Kooragang Cement Pty Ltd v Bates, Briginshaw v Briginshaw, Taylor v J & D Stephens Pty Ltd, Federal Broom Co Pty Ltd v Semlitch, AV v AW, and Ariton Mitic v Rail Corporation of NSW considered and applied; Held – award for the respondent in respect to the alleged injury to the right knee on 19 March 2025; award for the respondent in respect to the claim under section 60 for the costs of the right knee arthroscopy surgery and associated rehabilitation.

Decision date: 14 August 2026| Member: John Turner

Badar v Vinidex Pty Ltd [2026] NSWPIC 476

Workers Compensation Act 1987 (1987 Act); Workplace Injury Management and Workers Compensation Act 1998 (1998 Act); dispute in respect to injury sustained to both shoulders; consequential conditions of both shoulders; compliance with limitations periods for giving notice of injury and making of claim; whether claimed treatment reasonably necessary as the result of an injury; sections 4, 60 of the 1987 Act; section 261 of 1998 Act; injury; consequential condition; limitation period; notice; claim; reasonably necessary; Kooragang Cement Pty Ltd v Bates, Briginshaw v Briginshaw, Gregson v L & Mr Dimasi Pty Ltd, Garratt v Tooheys Ltd, Bluescope Steel Ltd v Eason, Rose v Health Commission, Bartolo v Western Sydney Area Health Service, Diab v NRMA Limited, and Murphy v Allity Management Services Pty Ltd considered and applied; Held – that the applicant sustained injury to both his shoulders in the course of his employment as alleged; the applicant did not sustain consequential conditions of his shoulders; applicant is not barred from recovering compensation under sections 254 and/or 261 of the 1998 Act; the proposed bilateral shoulder arthroscopic surgical procedures recommended by the applicant’s treating surgeon are reasonably necessary as a result of the injury sustained by the applicant in the course of his employment with the respondent; Held – respondent is to pay pursuant to section 60 of the 1987 Act the costs of and associated with the right shoulder and left shoulder arthroscopic surgery recommended by the treating surgeon.

Decision date: 14 August 2026 | Member: John Turner

Knox-Stevens v Interchange Illawarra [2026] NSWPIC 477

Workers Compensation Act 1987; claim for lump sum payment for whole person impairment (WPI) for psychological injury; employer disputes that the worker sustained a psychological injury, but if so, that the injury was not sustained in the course of her employment or was a result of reasonable action taken with respect to performance appraisal, provision of employment benefits or discipline; section 11A(1); determination of real events in the workplace and the perception of those events by the worker; Attorney General’s Department v K, and State of NSW (Hunter New England Local Health District v BHU considered; Held – the worker sustained a psychological injury in the course of her employment and the employer has not established a section 11A defence; referral to Medical Assessor for assessment of WPI.

Decision date: 14 August 2026| Member: John Isaksen

Sophios v Kincare Management Pty Ltd [2026] NSWPIC 480

Workers Compensation Act 1987; accepted psychological injury; issues for determination was whether the applicant’s injury was wholly or predominantly caused by reasonable action taken or proposed to be taken by or on behalf of the employer with respect to performance appraisal pursuant to section 11A(1), and if not whether the applicant suffers an incapacity for work resulting from her injury and has entitlement to weekly compensation payable under section 37 from 13 November 2025 to date and continuing; Held – the respondent has made out the section 11A(1) defence raised in relation to performance appraisal and the applicant is not entitled to payment of benefits pursuant to the Act; award in favour of the respondent.

Decision date: 17 August 2026| Member: David Cooper

Zammit v Metfam Pty Ltd [2026] NSWPIC 481

Workers Compensation Act 1987; claim for C5/6 disc decompression and disc replacement surgery and weekly benefits; respondent accepted liability for injury although disputes that injury on 19 September 2024 materially contributed to the need for surgery or now results in incapacity; Kooragang v Bates, Murphy v Allity Management Services,and Taxi’s Combined Services v Schokman considered; the repetitive nature of the applicant’s work as a tyre fitter materially contributed to the need for surgery; radiological investigations and documented symptoms confirm the applicant suffered nerve root compression as a result of his employment with the respondent which has now resulted in the need for surgical intervention; such pathology and symptoms were not present prior to this workplace injury; Held – the applicant sustained injury to the C5/6 on 19 September 2024; injury has resulted in deterioration of the C5/6 disc which has materially contributed to the need for C5/6 decompression and disc replacement surgery; respondent is to pay the reasonably necessary costs associated with the above surgery as proposed by treating surgeon pursuant to section 60; respondent is to pay the applicant weekly compensation from 21 April 2026 to date and continuing pursuant to section 37 at the rate of $1,248 (agreed to by the parties).

Decision date: 17 August 2026| Member: Diana Benk

Motor Accidents Medical Review Panel Decisions

Nguyen v AAI Limited t/as AAMI [2026] NSWPICMP 582

Motor Accident Injuries Act 2017; whether injuries caused by the motor accident are threshold injuries; whether tendon tears in the upper extremities caused by the motor accident; issue of causation. Found the mechanism of accident could not give rise to the tears, however, could worsen the tears; consideration of previous complaints related to the elbows, lack of pre-accident medical records; claimant’s history accepted, more likely than not that the motor accident materially contributed to an extension of the tendon tears; not a threshold injury; Held – Medical Assessment Certificate revoked.

Decision date: 7 August 2026 | Panel Members: Member Elizabeth Medland, Dr Christopher Oates, and Dr Margaret Gibson | Injury module: Spine, Upper Limb, and Lower Limb

Deaves v Allianz Australia Insurance Limited (No 2) [2026] NSWPICMP 600

Motor Accident Injuries Act 2017; whether injuries caused by the motor accident give rise to a permanent impairment of greater than 10%; causation issues, thoracic spine, possible T1 spinous process fracture; found to be an incidental finding, and on review of radiology an ossicle of congenital origin; no thoracic spine injury caused by accident; 7% whole person impairment assessed; Held – Medical Assessment Certificate revoked.

Decision date: 12 August 2026| Panel Members: Member Elizabeth Medland, Dr David Gorman, and Dr Ian Cameron | Injury module: Spine, and Upper Limb

Deaves v Allianz Australia Insurance Limited [2026] NSWPICMP 596

Motor Accident Injuries Act 2017; whether injuries caused by the motor accident are threshold injuries; causation issues, thoracic spine, possible T1 spinous process fracture; found to be an incidental finding, and on review of radiology an ossicle of congenital origin; on re-examination radiculopathy not found, however, Review Panel accepted the clinical findings of the claimant’s treating doctor establishing radiculopathy; David v Allianz Australia Insurance Limited applied; radiculopathy caused by the motor accident present at a point in time after the motor accident; Injury to cervical spine not a threshold injury; Held – Medical Assessment Certificate revoked.

Decision date: 14 August 2026| Panel Members: Member Elizabeth Medland, Dr David Gorman, and Dr Ian Cameron| Injury module: Spine, and Upper Limb

Ingram v Insurance Australia Limited t/as NRMA Insurance [2026] NSWPICMP 604

Motor Accident Injuries Act 2017; claimant injured in motor accident in June 2022; dispute as to whole person impairment (WPI); Medical Assessor (MA) assessed 5% WPI; claimant applied for review; Review Panel conducted examination of claimant; examination of cervical spine; MA made clinical findings of non-uniform loss of spinal motion-dysmetria; no radiculopathy or structural body compression; assessed at Diagnosis-Related Estimates (DRE) II; 5% permanent WPI; MA examined lumbar spine complaints; clinical findings of non-uniform loss of spinal motion-dysmetria; no radiculopathy or vertebral body compression or fracture; assessed at DRE II; 5% permanent WPI; giving total permanent WPI of 10%; Held – determination of MA under review revoked.

Decision date: 13 August 2026| Panel Members: Member Terence Stern OAM, Dr Rhys Gray, and Dr Margaret Gibson| Injury module: Spine

Ho v AAI Limited t/as AAMI [2026] NSWPICMP 605

Motor Accident Injuries Act 2017; review of medical assessment; prior finding threshold injury; adjustment disorder with mixed anxiety and depressed mood; police pursuit; frontal collision; airbags deployed; daughters injured in same accident; prior cervical fusion; intrusion symptoms; avoidance behaviour; negative alterations in cognition and mood; alterations in arousal and reactivity; impact on activities of daily living; diagnosis of post-traumatic stress disorder; exposure to actual and threaten death or serious injury; evidence of clinical worsening of anxiety symptoms; panel determination of non-threshold injury.

Decision date: 13 August 2026 | Panel Members: Member Hugh Macken, Dr Gerald Chew, and Dr Allan Doris| Injury module: Mental and Behavioural

Bournes v Insurance Australia Limited t/as NRMA Insurance [2026] NSWPICMP 610

Motor Accident Injuries Act 2017; threshold injury dispute; permanent impairment dispute; psychological injury; claimant was driving a vehicle when it was hit by a 4WD with front bull bar impacting and causing substantial damage to the driver’s door; original Medical Assessment Certificate (MAC) diagnosed post-traumatic stress disorder and assessed 13% whole person impairment (WPI); Held – Review Panel re-examined and diagnosed post-traumatic stress disorder which is not a threshold injury; delay in early complaint of psychological symptoms not considered to weigh against causation finding when claimant presented to a psychologist and subsequently the Review Panel with psychiatric symptoms related to the post-traumatic stress disorder; no evidence of pre-existing injuries or disorders at the time of the motor accident; no subsequent injuries or disorders; Review Panel assessed WPI at 7%; MAC revoked; new MAC issued.

Decision date: 14 August 2026| Panel Members: Member Jeremy Lum, Dr Melissa Barrett, and Dr Paul Friend| Injury module: Mental and Behavioural

Workers Compensation Medical Appeal Panel Decisions

CKK v State of New South Wales (NSW Police Force) [2026] NSWPICMP 599

Workplace Injury Management and Workers Compensation Act 1998; medical appeal; challenge to the assessment made under the psychiatric impairment ratings scales under social and recreational activities and social functioning; challenge to the assessment made for adjustment of effects of treatment; submissions made with reference to Ballas v Department of Education (State of NSW) (Ballas), Lancaster v Foxtel Management Pty Ltd, and Botha v Secretary, NSW Department of Customer Service discussed; Held – Medical Assessor had not made a Ballas error; adjustment for effect of treatment appropriate; Medical Assessment Certificate confirmed.

Decision date: 20 July 2026| Panel Members: Member Parnel McAdam, Dr Graham Blom, and Dr Michael Hong| Injury module: Psychiatric/Psychological

Craft v Cessnock City Council [2026] NSWPICMP 590

Workplace Injury Management and Workers Compensation Act 1998; right lower extremity (knee); assessment of whole person impairment to the right lower extremity (knee); whether error based on factual findings; whether Medical Assessor’s (MA) findings founded on an interpretation of medical evidence; whether inferences may be drawn as to reasons; application of section 323; Held – MA erred in making factual findings unsupported by the evidence; factual findings not explained by reference to modalities or interpretation of medical evidence; MA erred in application of section 323; error was material; Medical Assessment Certificate revoked.

Decision date: 10 August 2026| Panel Members: Member Kathryn Camp, Dr James Bodel, and Dr Alan Home| Injury module: Right Lower Extremity, and Scarring (TEMSKI)

Uong v Interline Bus Services No 26 Pty Ltd [2026] NSWPICMP 601

Workplace Injury Management and Workers Compensation Act 1998; neck injury; assessment of permanent impairment; whether Medical Assessment Certificate (MAC) contains a demonstrable error;  appellant suffered a neck injury in the course of his employment as a bus driver, against a background of pre-existing pathology in that body system; on referral, the Medical Assessor (MA) made a two-thirds deduction for pre-existing pathology on an overall impairment of 29% WPI, leaving an assessable impairment of 12%; Held – the Medical Assessment Certificate contains no demonstrable error; findings of the MA were open to them on the evidence in the exercise of their clinical judgment; MAC confirmed.

Decision date: 12 August 2026| Panel Members: Member Cameron Burge, Dr Drew Dixon, and Dr Todd Gothelf| Injury module: Cervical Spine

Spicer v Warrigal Care [2026] NSWPICMP 602

Workplace Injury Management and Workers Compensation Act 1998; lump sum claim; right lower extremity (right hip) referred for assessment of impairment; Medical Assessor found to be in error in not proceeding to make any assessment of impairment despite positive clinical findings because the Medical Assessor said any impairment would relate to an underlying condition of osteoarthritis about which there was no radiological evidence; Held – Medical Assessment Certificate revoked.

Decision date: 12 August 2026| Panel Members: Member Jane Peacock, Dr Alan Home, and Dr Drew Dixon| Injury module: Right Upper Extremity, Right Lower Extremity, and Scarring

Handley v Australian Glass Group (Holdings) Pty Ltd [2026] NSWPICMP 603

Workplace Injury Management and Workers Compensation Act 1998; medical appeal; deduction pursuant to section 323; Medical Assessor (MA) made deductions of one-half and one-third; identification of a pre-existing condition that had contributed to impairment; Cullen v Woodbrae Holdings Pty Ltd applied; MA failed to identify point prior to commencement of employment where condition existed; whether deduction of one tenth at odds with the available evidence; Held – Medical Assessment Certificate revoked; deduction of one-tenth applied.

Decision date: 12 August 2026| Panel Members: Member Parnel McAdam, Dr Drew Dixon, and Dr Gregory McGroder| Injury module: Right Lower Extremity, Left Lower Extremity, and Scarring

Brett v Forsight Australia [2026] NSWPICMP 607

Workplace Injury Management and Workers Compensation Act 1998; appellant submitted the manner in which the Medical Assessor conducted the medical assessment denied him procedural fairness and miscarriage of the medical assessment process; appellant also submitted that the Medical Assessor (MA) erred in her assessment in the psychiatric impairment rating scales (PIRS) category of self-care and personal hygiene, travel and concentration, persistence and pace; Appeal Panel accepts the MA was in error in her assessment in the PIRS category of self-care and personal hygiene and concentration, persistence and pace; appellant was re-examined by an Appeal Panel MA; Held – Medical Certificate Assessment revoked.

Decision date: 13 August 2026| Panel Members: Member Jacqueline Snell, Dr Michael Hong, and Dr John Lam-Po-Tang| Injury module: Psychiatric/Psychological

Allchin v State of NSW (NSW Police Force) [2026] NSWPICMP 608

Workplace Injury Management and Workers Compensation Act 1998; medical appeal; admission of further evidence; consideration of further submissions filed by the appellant without leave; material not admitted, submissions not considered; whether adequate reasons provided; assessment under the psychiatric impairment rating scales (PIRS); allegation of error in three PIRS; whether the Medical Assessor (MA) failed to consider relevant material; Held – MA erred in assessment of employability by placing too much weight on occasional attendance at the Men’s Shed; Medical Assessment Certificate revoked.

Decision date: 13 August 2026| Panel Members: Member Parnel McAdam, Professor Nicholas Glozier, and Dr Michael Hong| Injury module: Psychiatric/Psychological

Workers Compensation Nominal Insurer v Bevan [2026] NSWPICMP 609

Workplace Injury Management and Workers Compensation Act 1998; lump sum claim for upper extremity impairment; appellant employer; error alleged in calculations; re-examination considered necessary; Held – Medical Assessment Certificate revoked.

Decision date: 13 August 2026| Panel Members: Member Jane Peacock, Dr Alan Home, and Dr Drew Dixon| Injury module: Left Upper Extremity

Mohamad v Sydney Trains [2026] NSWPICMP 611

Workplace Injury Management and Workers Compensation Act 1998; medical appeal panel; sections 319 and 327(3); demonstrable error; hearing loss; noisy employment; Medical Assessor (MA) did not accept that employment was noisy; MA relied on their own noise studies; history and hearing loss not consistent with the hearing loss being related to occupational noise exposure; Bindah v Carter Holt Harvey Woodproducts Australia Pty Ltd considered and applied; Held – Medical Assessment Certificate revoked.

Decision date: 14 August 2026| Panel Members: Member John Turner, Dr Brian Williams, and Dr Paul Niall| Injury module: Hearing Loss

Wright v CASPA Services Ltd [2026] NSWPICMP 612

Workplace Injury Management and Workers Compensation Act 1998; Workers Compensation Act 1987 (1987 Act); alleged knee injury in course of employment; claim for costs of knee surgery; dispute as to injury and whether claimed treatment reasonably necessary as the result of an injury; sections 4(b)(ii) and 60 of the 1987 Act; injury; disease injury; main contributing factory; Kooragang Cement Pty Ltd v Bates, Briginshaw v Briginshaw, Taylor v J & D Stephens Pty Ltd, Federal Broom Co Pty Ltd v Semlitch, AV v AW, Ariton Mitic v Rail Corporation of NSW considered and applied; Held – award for the respondent in respect to the alleged injury to the right knee on 19 March 2025; award for the respondent in respect to the claim under section 60 of the 1987 Act for the costs of the right knee arthroscopy surgery and associated rehabilitation.

Decision date: 14 August 2026 | Panel Members: Member Deborah Moore, Professor Nicholas Glozier, and Dr Michael Hong| Injury module: Psychiatric/Psychological

Yang v WYS Electrical & Air Pty Ltd [2026] NSWPICMP 613

Workplace Injury Management and Workers Compensation Act 1998; lump sum claim for injury to cervical spine, lumbar spine, left knee and peripheral nervous system (intercostal nerves); appeal by the worker in respect of the assessment of the cervical spine as Diagnosis-Related Estimates (DRE) Category I and in respect of assessment of lumbar spine as DRE II on grounds of demonstrable error and incorrect criteria;  Appeal  Panel satisfied that Medical Assessor did not fully document the range of movement in the cervical spine and lumbar spine or adequately explain the range of movement findings; re-examination; Held – Medical Assessment Certificate revoked.

Decision date: 14 August 2026| Panel Members: Member Carolyn Rimmer, Dr David Crocker, and Dr Drew Dixon | Injury module: Lumbar Spine, Peripheral Nervous System, and Left Lower Extremity

Sharma v Menulog Pty Ltd [2026] NSWPICMP 614

Workplace Injury Management and Workers Compensation Act 1998; appeal against assessment of 7% whole person impairment in respect of a psychological injury on grounds of demonstrable error and the assessment being made on the basis of incorrect criteria; Appeal Panel not satisfied that there were several factual errors, misrepresentations and inadequate evaluation methods in the Medical Assessment Certificate (MAC) or that the assessment was erroneous; Appeal Panel satisfied that Medical Assessor provided adequate reasons; grounds of appeal not made out; Held – MAC confirmed.

Decision date: 17 August 2026| Panel Members: Member Carolyn Rimmer, Dr Douglas Andrews, and Professor Nicholas Glozier| Injury module: Psychiatric/Psychological

Walsh v Waldorf Australia Group Pty Ltd [2026] NSWPICMP 615

Workplace Injury Management and Workers Compensation Act 1998; appeal from section 323 deduction of 10% made to the assessed 15% bilateral shoulder whole person impairment (WPI) resulting in overall WPI of  14% as a result of the workplace injury; whether Medical Assessor (MA) erred in finding a proportion of the impairment that was due to pre-existing degenerative condition; whether MA erred in placing weight to general practitioner notes as pre-dating the work injury when in fact the entry post-dated the work injury; Held – demonstrable error established; MA erred in the proper consideration of the evidence; insufficient reasons given for applying the 10% deduction to the assessed WPI; Appeal Panel made no deduction for pre-existing condition; WPI assessed at 15%; Medical Assessment Certificate revoked.

Decision date: 17 August 2026| Panel Members: Member Jeremy Lum, Dr Margaret Gibson, and Dr Roger Pillemer| Injury module: Right Upper Extremity, and Left Upper Extremity

The Disability Trust Ltd v Fogarty [2026] NSWPICMP 616

Workplace Injury Management and Workers Compensation Act 1998; employer submits that MAC contained demonstrable error and/or the application of incorrect criteria in assessment of psychiatric impairment rating scale (PIRS) categories of self-care and personal hygiene, concentration, persistence and pace, and employability; Parker v Select Civil P/L considered; Held – no demonstrable error or incorrect criteria in assessment of PIRS categories of self-care and personal hygiene, concentration, persistence and pace, and employability; MAC confirmed.

Decision date: 18 August 2026 | Panel Members: Member John Isaksen, Dr Graham Blom, and Dr Michael Hong| Injury module: Psychiatric/Psychological

AbilityMade Pty Ltd v Fuller [2026] NSWPICMP 617

Workplace Injury Management and Workers Compensation Act 1998; appellant submits that the Medical Assessor erred as follows: in making a diagnosis of post-traumatic stress disorder, and in failing to make a deduction pursuant to section 323; Appeal Panel found no error in the diagnosis issue; error in failing to make a section 323 deduction which was against the weight of evidence; Held – Medical Assessment Certificate revoked.

Decision date: 18 August 2026| Panel Members: Member Deborah Moore, Professor Nicholas Glozier, and Dr Michael Hong| Injury module: Psychiatric/Psychological

O'Keeffe v BCG Digital Ventures Pty Ltd [2026] NSWPICMP 618

Workplace Injury Management and Workers Compensation Act 1998; appellant suffered an accepted psychological injury and was referred for medical assessment; Medical Assessor issued a Medical Assessment Certificate (MAC) assessing whole person impairment of 6% as a result of the injury; the worker appealed, alleging the MAC contained an obvious error and/or that the assessment was made on the basis of incorrect criteria; Held – no obvious error in the MAC was found; the assessment was not made on the basis of incorrect criteria; MAC confirmed.

Decision date: 18 August 2026| Panel Members: Member Cameron Burge, Professor Nicholas Glozier, and Dr John Lam-Po-Tang| Injury module: Psychiatric/Psychological

Motor Accidents Merit Review Decision

Chen v Allianz Australia Insurance Limited [2026] NSWPICMR 34

Motor Accident Injuries Act 2017; merit review; dispute under schedule 1, clause 2; weekly payments of statutory benefits; second entitlement period; insurer ceased weekly payments after claimant certified fit for pre-injury duties; treating general practitioner issued Certificates of Fitness recording fitness for pre-injury work; subsequent Certificate of Fitness not provided; claimant disputed fitness assessment and relied on ongoing symptoms and later CT lumbar spine findings; requirement to provide Certificates of Fitness under section 3.15; insurer not required to make weekly payments until requirements of section 3.15(1) complied with; later radiological material not a Certificate of Fitness and did not assess fitness for work; unnecessary to determine clinical significance of radiological findings or whether claimant medically recovered; four weeks’ notice of cessation provided in accordance with section 3.19; Held – the reviewable decision is affirmed.

Decision date: 17 August 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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