Legal Bulletin No. 276

This bulletin was issued on 4 September 2026

Issued 4 September 2026

Welcome to the two hundred and seventy-sixth 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.

Presidential Member Decision

State of New South Wales (Fire & Rescue NSW) v Sinclair [2026] NSWPICPD 36

Workers compensation; whether prostate cancer is an injury in accordance with section 4 of the Workers Compensation Act 1987; whether employment is a substantial contributing factor to the injury; section 9A of the Workers Compensation Act 1987; an increased risk of injury is insufficient to establish causation; Fisher v Nonconformist Pty Ltd considered and applied; approach to scientific evidence; epidemiological studies; Seltsam Pty Ltd v McGuiness referred to; adequacy of reasons; section 294(2) of the Workplace Injury Management and Workers Compensation Act 1998; Rule 78 of the Personal Injury Commission Rules 2021; Held – the Certificate of Determination dated 20 October 2025 is revoked; the matter is remitted to the Workers Compensation Division of the Personal Injury Commission to be heard and determined by another member.

Decision date: 25 August 2026 | Before: President Judge Phillips

Motor Accidents non-Presidential Member Decisions

Insurance Australia Limited t/as NRMA Insurance v DOP [2026] NSWPIC 483

Motor Accident Injuries Act 2017; application by the insurer for exemption of the claim for hearing by the Personal Injury Commission; claim made by claimant for damages for pure mental harm for catastrophic injuries suffered by the claimant’s daughter following an accident on 24 September 2024; claim is one of three other claims arising out of the same accident and all involving Chinese nationals residing in China; liability for damages admitted by the insurer on the basis this was a no-fault motor accident but allegation of contributory negligence made; Held – Member satisfied that there are issues of complex legal and factual matters all of which should be heard together with the respective claims and the claimant resides in China; consideration of rule 99; recommendation made for claim to be exempted; direction made for the de-identification of claim.

Decision date: 5 August 2026 | Member: Alexander Bolton

Insurance Australia Limited t/as NRMA Insurance v FUV [2026] NSWPIC 484

Decision date: 5 August 2026| Member: Alexander Bolton

Insurance Australia Limited t/as NRMA Insurance v CQF [2026] NSWPIC 485

Motor Accident Injuries Act 2017; application by the insurer for exemption of the claim for hearing by the Personal Injury Commission; claim made by claimant for damages for pure mental harm for catastrophic injuries suffered by the claimant’s husband following an accident on 24 September 2024; claim is one of three other claims arising out of the same accident and all involving Chinese nationals and residing in China; liability for damages admitted by the insurer on the basis this was a no-fault motor accident but allegation of contributory negligence made; Held – Member satisfied that there are issues of complex legal and factual matters all of which should be heard together with the respective claims and the claimant resides in China; consideration of rule 99; recommendation made for claim to be exempted; direction made for the de-identification of claim.

Decision date: 5 August 2026 | Member: Alexander Bolton

Blasco v Allianz Australia Insurance Limited [2026] NSWPIC 482

Motor Accident Injuries Act 2017; claim for statutory benefits; insurer’s denial of ongoing benefits on basis claimant wholly or mostly at fault; 76 year old claimant with mobility issues and using walking stick passenger in bus; claimant fell off seat after bus left bus stop; claimant alleged bus accelerated suddenly or harshly causing her to fall; CCTV footage from inside of bus showed accident; dispute assessed on the papers; Member found no culpability on part of bus driver and that claimant departed from the standard of care expected in her choice of seat, her failure to keep a proper lookout for her stop and in attempting to stand without holding on to the bus; Blacktown City Council v Hocking considered in respect of use of CCTV footage; approach in AAI Limited t/as GIO v Evic applied; claimant’s contributory negligence either 100% on basis of Allianz Australia Insurance Limited v Shuk and apportionment of culpability or 75% on basis of her conduct alone; Held – on either basis, claimant wholly or mostly at fault; costs assessed.

Decision date: 18 August 2026 | Member: Belinda Cassidy

Allianz Australia Insurance Limited v Gordon [2026] NSWPIC 486

Motor Accident Injuries Act 2017; 23-year-old furniture removalist injured in a motor vehicle accident on 12 December 2024 suffered right mid-shaft radial fracture and a comminuted mid-shaft ulnar fracture requiring open reduction and internal fixation accident at an intersection where the insured driver travelled at speed through the intersection following an orange light, the claimant having a green light; claimant stated difficulty with ongoing heavy lifting as a removalist working in the supervisory capacity and claimed inability to work full-time as a removalist settlement in the proposed sum of $49,000.00 after a claim reduction of 20% for contributory negligence not approved; contributory negligence finding excessive further medical assessment required.

Decision date: 19 August 2026| Member: Michael Inglis

Insurance Australia Limited t/as NRMA Insurance v Walford [2026] NSWPIC 487

Motor Accidents Compensation Act 1999; assessment of damages under section 94; non-economic loss $325,000 WPI 15% for psychological injuries and 1% for effect of treatment based on psychological injuries; post traumatic stress disorder; limited physical injuries soft tissue and fracture to right ankle; surgery required for right ankle, soft tissue injuries; cervical and lumbar spine and left wrist; past and future economic loss; past by way of buffer, future weekly sum to age 70 years; impairment to claimant’s ability to perform pre-accident specialist teaching role; issue of repayment of long service, sick leave and annual leave to employer; future care on paid basis agreed buffer; Held – damages assessed according to sub-sections 94(3) and 94(4) of the Act in the sum of $1,049,930.68 and costs.

Decision date: 19 August 2026| Member: Shana Radnan

QBE Insurance (Australia) Limited v Kembrey [2026] NSWPIC 491

Motor Accident Injuries Act 2017; assessment of damages pursuant to sections 7.36 (3) and S7.36(4)l entitlement to non-economic loss; $325,000 awarded; 63 year old woman; injuries included injury to left ankle and foot, soft-tissue injuries, post-traumatic stress disorder against a background of numerous other medical conditions; claim for past and future economic loss unsuccessful; claimant’s position; most likely circumstances but for accident claimant would have worked full-time to age 70 as a swim teacher, not accepted; had not worked for over 16 years prior to subject accident and numerous health issues; prior applications for disability support pension.

Decision date: 20 August 2026| Member: Shana Radnan

AAI Limited t/as GIO v Webster [2026] NSWPIC 492

Motor Accident Injuries Act 2017; settlement approval; claimant was injured on 23 April 2025; claimant was not working at the time of the accident and in receipt of a carer’s pension; claimant is aware this approval resolves her common law damages claim; settlement complies with clause 7.37 of the Motor Accident Injuries Guidelines; Held – settlement approved in the amount of $325,000, for non-economic loss.

Decision date: 20 August 2026 | Member: Philip Carr

Insurance Australia Limited t/as NRMA Insurance v Harrison [2026] NSWPIC 499

Motor Accident Injuries Act 2017; settlement approval; $400,000 non-economic loss $300,000 and future economic loss $100,000; 25 year-old unemployed at time of accident, no previous employment since leaving school and remains on job-seeker payments; approved under section 6.23(2)(b); insurer conceded entitlement to non-economic loss; surgery for bowel injury and hernia; no ongoing treatment, no psychological injuries; background of pre-existing psychological issues and substance addiction; Held – settlement complied with clause 7.37 of the Motor Accident Injuries Guidelines.

Decision date: 25 August 2026| Member: Shana Radnan

Workers Compensation non-Presidential Member Decisions

O'Connor v John A Martin & Kevin J Pendergast t/as Sharkscrete [2026] NSWPIC 489

Workers Compensation Act 1987; application pursuant to section 60(5) for costs for left ankle surgery and costs of various items including mattress alleged to be curative apparatus; issue of causal nexus between injury and need for surgery; no issue of principle; issue whether various items including mattress were curative apparatus; finding of fact; Newcastle Regional Public Tenants Incorporated v Grant and Honarvar Professional Painting AU Pty Ltd applied; Decision in Cooper v SRA did not create legal principle; applicant’s evidence compelling, well-reasoned and not contradicted with clear therapeutic benefits; Held – respondent ordered to pay costs of and associated with proposed surgery and various items.

Decision date: 19 August 2026| Principal Member: John Harris

Myer v Protection Barriers Pty Ltd & Ors [2026] NSWPIC 490

Workers Compensation Act 1987; liability to pay the lump sum death benefit pursuant to section 25; Held – the relevant death occurred within the meanings of section 4 and 9A of the Act.

Decision date: 19 August 2026| Senior Member: Elizabeth Beilby

Gade v JG Tiling and Building Services Pty Ltd [2026] NSWPIC 493

Workers Compensation Act 1987; Workplace Injury Management and Workers Compensation Act 1998; death claim; determination of dependency and payment of death benefit and interest; TNT Group 4 Pty Limited v Halioris, Kaur v Thales Underwater Systems Pty Ltd, Wratten v Kirkpatrick & Ors discussed and applied; Held – no other dependants; orders for payment of the death benefit and agreed interest.

Decision date: 20 August 2026| Principal Member: Glenn Capel

Dunlop v Macadamia Nut Company (Aus) Pty Ltd & Ors [2026] NSWPIC 494

Workers Compensation Act 1987; application for apportionment of lump sum death benefit in respect of the death of a worker; identification of dependants; Held – the applicant, second respondent and third respondent were the only dependants of the deceased worker; proposed apportionment accepted; orders for payment of the lump sum pursuant to sections 25(1)(a), 29(1) and 85A of the Act; agreement on discretionary interest.

Decision date: 21 August 2026| Senior Member: Rachel Homan

Taufaao v Business Risks International Pty Ltd [2026] NSWPIC 495

Workers Compensation Act 1987; claim for payment of section 60 expenses for proposed surgery to cervical and lumbar spines; dispute as to whether the applicant suffered a consequential condition affecting his cervical spine; dispute as to whether proposed surgery to either the lumbar or cervical spine was reasonably necessary treatment; Held – the applicant suffered a consequential condition affecting his cervical spine; the proposed surgery was reasonably necessary medical treatment.

Decision date: 21 August 2026 | Member: Michael Moore

Whitelum v Wymap People Pty Ltd [2026] NSWPIC 496

Workers Compensation Act 1987; death claim; determination of dependency and payment of death benefit and interest; Held – no dependants; order for payment of the death benefit and interest to the estate of the deceased.

Decision date: 21 August 2026 | Principal Member: Glenn Capel

Motor Accidents Medical Review Panel Decisions

AAI Limited t/as AAMI v Idris [2026] NSWPICMP 619

Motor Accident Injuries Act 2017; assessment of degree of permanent impairment; claimant was riding his motor scooter when a vehicle stopped suddenly and then reversed into him; claimant sustained a degloving injury to his left hand with a partial amputation of his middle finger tip; there was no head injury or loss of consciousness; claimant had treatment for the partial amputation of his left middle finger tip which subsequently was terminalized; a fracture of the distal phalanx of his left ring finger was held with K-wire initially; claimant’s hand surgeon performed open reduction and internal fixation with plate and screws and bone graft to the distal phalanx; Medical Assessor (MA) certified 18% whole person impairment (WPI) for referred finger and hand injuries; his assessment did not include scarring; insurer’s review application allowed on basis of alleged failure to consider relevant material including report of insurer’s independent medical examiner; claimant re-examined by MA on behalf of Panel; MA found 10% WPI including 2% WPI for scarring; Held – certificate revoked.

Decision date: 19 August 2026| Panel Members: Member Gary Victor Patterson, Dr Margaret Gibson, and Dr Rhys Gray| Injury module: Upper Limb, and Scarring

Dopudj v Insurance Australia Limited t/as NRMA Insurance [2026] NSWPICMP 624

Motor Accidents Injuries Act 2017; threshold injury dispute; physical injuries; claimant was the driver of a car that was impacted twice in the rear in a three-car pileup; original Medical Assessment Certificate (MAC) found soft tissue injuries to the cervical spine, thoracic spine, lumbar spine, right shoulder and right hip; relevant factors for interstitial tear in the shoulder to be considered caused by the motor accident amid surrounding degenerative tears; causation of C3/4 disc protrusion satisfied as clinical examination revealed right shoulder symptoms in corresponding dermatome amid pre-existing multilevel spondylosis; immediacy of cervical spine and right shoulder complaints following motor accident; Held – MAC revoked; new MAC issued.

Decision date: 20 August 2026| Panel Members: Member Jeremy Lum, Dr Drew Dixon, and Dr Margaret Gibson| Injury module: Spine, Upper Limb, and Lower Limb

Bhatta v Insurance Australia Limited t/as NRMA Insurance [2026] NSWPICMP 625

Motor Accident Injuries Act 2017; panel review of medical assessment; whether psychological injury caused by the motor accident is a threshold injury for the purposes of the Act; consideration of under-reporting of symptoms, cultural considerations; deeper questioning required to elicit true clinical picture; significant impact from motor accident, demonstrable adverse effect on life; diagnosis of post-traumatic stress disorder; not a threshold injury; Held – Medical Assessment Certificate revoked.

Decision date: 20 August 2026| Panel Members: Member Elizabeth Medland, Dr Ankur Gupta, and Dr Himanshu Singh | Injury module: Mental and Behavioural

SEP v AAI Limited t/as AAMI [2026] NSWPICMP 628

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 and whether permanent impairment was greater than 10%; whether accident aggravated, accelerated or exacerbated pre-existing psychological conditions; long history of schizoaffective disorder; bipolar type; Medical Assessor (MA) found that accident did not cause a diagnosable psychological condition and did not assess permanent impairment; Todev v AAI Limited t/as AAI Limited t/as GIO, and Angileri v Allianz Australia Insurance Limited considered; Held – accident aggravated schizoaffective disorder – bipolar type, which is not a threshold injury; Medical Assessment Certificate revoked; permanent impairment assessed; deduction for existing psychological condition; not greater than 10% permanent impairment.

Decision date: 24 August 2026| Panel Members: Member Terence O’Riain, Dr John Baker, and Dr Ankur Gupta| Injury module: Mental and Behavioural

Kim v AAI Limited t/as GIO [2026] NSWPICMP 629

Motor Accident Injuries Act 2017; review of medical assessment of Medical Assessor; whether physical injuries caused by the motor accident give rise to whole person impairment (WPI) greater than 10%; whether treatment related to injury caused by accident and whether reasonable and necessary; issues as to causation; significant pain behaviours, unreliable historian; pre-existing conditions; lack of contemporaneous complaint; minor rear end impact; whether accident capable of giving rise to alleged injuries; Held – accident caused an injury to neck and left shoulder remaining injuries not caused; clause 6.40 of Motor Accident Guidelines applied; range of motion not applicable method of assessment; analogy applied giving 2% WPI for left shoulder; treatment not related to the injury caused by the motor accident; Medical Assessment Certificate revoked.

Decision date: 24 August 2026| Panel Members: Member Elizabeth Medland, Dr Alan Doris, and Dr Ankur Gupta | Injury module: Spine, and Upper Limb; Treatment Type: Chiropractic, and Physiotherapy Treatment

Insurance Australia Limited t/as NRMA Insurance v Al-Houmsi [2026] NSWPICMP 632

Motor Accident Injuries Act 2017; panel review of medical assessment, treatment dispute; whether platelet-rich plasma (PRP) injections related to the injury caused by the motor accident and whether reasonable and necessary in the circumstances; issues of causation of injury to right shoulder; no contemporaneous complaint; Review Panel satisfied on balance that accident could give rise to injury to right shoulder and did cause a right shoulder injury; research as to PRP injections not definitive and evidence mixed; appears to function as short-term adjunct at best; long term effectiveness where there is a term is inconclusive; unlikely to provide sustained benefit and indicated in acute phase rather than after a sustained period of time; Medical Assessment Certificate revoked.

Decision date: 25 August 2026| Panel Members: Member Elizabeth Medland, Dr David Gorman, and Dr Drew Dixon | Treatment Type: Facet Joint Injections

Adam v Allianz Australia Insurance Limited [2026] NSWPICMP 634

Motor Accident Injuries Act 2017; assessment of threshold injury; claimant was involved in a significant motor vehicle accident; her vehicle flipped multiple times; claimant became trapped inside the vehicle; no head injury and no spinal injury; she was able to walk following the extraction; examination at hospital showed no neck tenderness; subsequently discharged into the care of her general practitioner; MRI imaging of both shoulders on 6 June 2025 demonstrated a tiny intrasubstance tear and marked labral degeneration with tendinosis and possible tearing of the long head of biceps tendon in her right shoulder, and supraspinatus tendinosis with a small partial-thickness tear in her left shoulder; insurer maintained that shoulder tears were degenerative; Medical Assessor (MA) accepted causation and certified proposed bilateral shoulder arthroscopy to injury caused by accident; another MA certified that all referred injuries to cervical spine, lumbar spine, both shoulders, left hip, right thigh and left knee are threshold injuries; claimant’s review application allowed on the basis that MA failed to provide adequate reasons concerning causation of bilateral shoulder injuries; claimant re-examined by both Review Panel MAs; Held – Review Panel satisfied that accident caused shoulder tears, which are non-threshold injuries; certificate revoked.

Decision date: 26 August 2026 | Panel Members: Member Gary Victor Patterson, Dr Margaret Gibson, and Dr Sophia Lahz| Injury module: Spine, Upper Limb, and Lower Limb

Workers Compensation Medical Appeal Panel Decisions

Bass Transport Pty Ltd v Veness [2026] NSWPICMP 620

Workplace Injury Management and Workers Compensation Act 1998; assessment of cervical spine and thoracic spine following injury on 4 November 2024; appeal on the grounds of demonstrable error and incorrect criteria as Medical Assessor (MA) made no deduction under section 323 in respect of the cervical spine following an injury in 2018; Appeal Panel satisfied that MA was aware of prior injury and that the earlier injury did not contribute to the impairment currently assessed; Held – Medical Assessment Certificate confirmed.

Decision date: 19 August 2026| Panel Members: Member Carolyn Rimmer, Dr Mohammed Assem, and Dr Ross Mellick| Injury module: Cervical Spine, Thoracic Spine

Chroma Australia Pty Limited ATF Cobb Family Trust v Xie [2026] NSWPICMP 621

Workplace Injury Management and Workers Compensation Act 1998; medical appeal panel; appeal by employer in respect of assessment of right shoulder; allegations of calculation errors in findings for extension and internal rotation, and failure to consider application of clause 2.20 of the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4^thed (Guidelines) and use of left shoulder as baseline; Australia Government Style Manual and Conigrave v Tanner considered regarding the punctuation of the words ‘normal/uninjured/ in clause 2.20 of the Guidelines; normal meant normal for the worker and uninjured was a reference to the uninvolved shoulder; appeal undertaken on the papers as no challenge to clinical findings; Held – errors in assessment of right shoulder extension and internal rotation corrected; left shoulder should have been used as the baseline measure and its value (9%) deducted from the right shoulder impairment (20%) leaving 11% upper extremity impairment which equals 7%; when combined with unchallenged lumbar spine assessment of 7%, workers whole person impairment assessed at 14%.

Decision date: 19 August 2026| Panel Members: Member Belinda Cassidy, Dr Robert Kuru, and Dr Tommasino Mastroianni| Injury module: Lumbar Spine, Cervical Spine and Right Upper Extremity

Coles Supermarkets Australia Pty Ltd v Masic [2026] NSWPICMP 623

Workplace Injury Management and Workers Compensation Act 1998; assessment of lumbar spine, cervical spine, bilateral upper extremities and respiratory system (obstructive sleep apnoea); appeal in respect of assessment of respiratory system on ground of demonstrable error and incorrect criteria; Appeal Panel not satisfied that the Medical Assessor (MA) went beyond the scope of his jurisdiction and made findings on causation in relation to weight gain; Appeal Panel did not accept that the MA failed to consider whether there was a pre-existing condition, or failed to consider whether the condition contributed to the impairment assessed or failed to consider relevant evidence in relation to section 323 deduction; Appeal Panel satisfied that the MA applied the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4th ed, correctly and that clause 1.12 did not preclude an assessment; Held – Medical Assessment Certificate confirmed.

Decision date: 19 August 2026 | Panel Members: Member Carolyn Rimmer, Dr David Gorman, and Dr Christopher Grainge | Injury module: Respiratory system (obstructive sleep apnoea)

Sutherland v Detector Inspector (NSW) Pty Ltd [2026] NSWPICMP 626

Workplace Injury Management and Workers Compensation Act 1998; appellant submits that the Medical Assessor erred in her whole person impairment assessment of three of the categories of the psychiatric impairment rating scale, namely social and recreational activities, social functioning, and concentration persistence and pace; Appeal Panel found no errors except in the category of concentration persistence and pace; the evidence supported a Class 3 rating; Held – Medical Assessment Certificate revoked.

Decision date: 21 August 2026| Panel Members: Member Deborah Moore, Dr Douglas Andrews, and Dr Michael Hong| Injury module: Psychiatric/Psychological

Wilkinson v Secretary (Department of Education) [2026] NSWPICMP 627

Workplace Injury Management and Workers Compensation Act 1998; appellant submits that the Medical Assessor erred with respect to his whole person impairment assessments of two of the categories of the psychiatric impairment rating scale namely travel and social and recreational activities and failed to make any adjustment for the effects of treatment; Appeal Panel found no errors; Held – Medical Assessment Certificate confirmed.

Decision date: 21 August 2026 | Panel Members: Member Deborah Moore, Dr Michael Hong, and Dr Douglas Andrews | Injury module: Psychiatric/Psychological

Madgwick v PJ Jeffery Transport Pty Ltd [2026] NSWPICMP 630

Workplace Injury Management and Workers Compensation Act 1998; psychological injury; whether Medical Assessor erred in assessment of permanent impairment; whether assessment was made on basis of incorrect criteria; whether Medical Assessment Certificate (MAC) contains obvious error in denying appellant procedural fairness and/or failed to provide adequate reasons; Held – assessment was not made on the basis of incorrect criteria and does not contain an obvious error; MAC confirmed.

Decision date: 24 August 2026| Panel Members: Member Cameron Burge, Dr Douglas Andrews, and Dr Graham Blom| Injury module: Psychiatric/Psychological

Mosley v Daly Smith Corporation (Aust.) Pty Ltd [2026] NSWPICMP 631

Workplace Injury Management and Workers Compensation Act 1998; medical appeal panel; appeal by worker in respect of assessment of whole person impairment at 14% (13% for upper left limb, 1% for scarring); error in upper limb assessment later corrected by Medical Assessor (MA) to 11%; grounds of appeal related to scarring only; Appeal Panel conducted an appeal on the papers; Appeal Panel found no error in the application of the criteria; MA used TEMSKI, addressed all of the five criteria and the 10 sub-criteria and addressed “best fit”; Appeal Panel found no demonstrable error in assessing 1% verses 2% and reasons were sufficient; Held – Medical Assessment Certificate confirmed.

Decision date: 24 August 2026| Panel Members: Member Belinda Cassidy, Dr Gregory McGroder, and Dr Mohammed Assem| Injury module: Left Upper Extremity, and Scarring (TEMSKI)

WH Williams Pty Ltd v Turner [2026] NSWPICMP 633

Workplace Injury Management and Workers Compensation Act 1998; assessment of whole person impairment of a psychiatric condition; appellant appealed on the grounds of demonstrable error and incorrect criteria; Appeal Panel satisfied that the Medical Assessor made a demonstrable error in the assessment of the psychiatric impairment rating scale categories of social and recreational activities and travel; Held – Medical Assessment Certificate revoked.

Decision date: 25 August 2026 | Panel Members: Member Carolyn Rimmer, Dr Graham Blom, and Dr Ash Takyar | Injury module: Psychiatric/Psychological

Motor Accidents Merit Review Decisions

Van Royden v AAI Limited t/as AAMI [2026] NSWPICMR 35

Motor Accident Injuries Act 2017; whether insurer is entitled to suspend payments of weekly statutory benefits due to non-compliance with recovery plan; section 3.17; found insurer not entitled to suspend benefits on several grounds; failure to demonstrate claimant non-compliant; claimant had reasonable excuse; insurer failed to give adequate notice; Held – reviewable decision revoked; insurer to reimburse claimant for payments suspended.

Decision date: 4 August 2026| Merit Reviewer: Elizabeth Medland

Yilmaz v QBE Insurance (Australia) Limited [2026] NSWPICMR 37

Motor Accident Injuries Act 2017; merit review; dispute under schedule 1, clause 2; weekly payments of statutory benefits; pre-accident weekly earnings (PAWE); self-employed claimant; income derived from Uber driving and two commercial cleaning businesses; application of schedule 1, clause 4(3) - whether significant change in earnings circumstances; insufficient material to identify relevant change or determine earnings before and after change; cleaning franchise guaranteed-work arrangement did not on its face establish unconditional personal income of $5,000 per month; distinction between business receipts and earnings of individual earner; business expenses; claimant directed to provide financial, taxation, banking and Uber records and explanation of PAWE calculation; extension of time granted; claimant failed to comply with directions; late submissions provided without directed supporting documents; previous merit review dismissed following non-compliance with directions; whether further direction, extension or conference appropriate; information reasonably required for purposes of review not provided; substantive PAWE dispute could not reliably be determined; discretion under section 7.12(7) exercised; Held – review declined pursuant to section 7.12(7) as the claimant failed to provided information required by the reviewer.

Decision date: 20 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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