Legal Bulletin No. 277
This bulletin was issued on 11 September 2026
Issued 11 September 2026
Welcome to the two hundred and seventy-seventh 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 Decisions
Canley Heights RSL & Sporting Club Ltd v Bradwell [2026] NSWPICPD 38
Workers compensation; section 352(5) of the Workplace Injury Management and Workers Compensation Act 1998; identification of error in the fact-finding process State of New South Wales v Culhana; Fox v Percy applied; allowance for any advantage the primary decision-maker may have enjoyed by hearing and observing oral evidence; Devries v Australian National Railways Commission, and Lee v Lee applied; whether delay in making a claim for compensation was occasioned by ignorance or mistake; section 261(4) of the Workplace Injury Management and Workers Compensation Act 1998; Gregson v L & MR Dimasi Pty Ltd, G C Singleton & Co Pty Ltd v Lean, Albury Real Estate Pty Ltd v Rouse discussed; Held – orders 1 to 5 of the Member’s Certificate of Determination dated 17 October 2025 are confirmed; orders 6 and 7 of the Certificate of Determination are revoked; dispute is remitted to a different non-presidential member of the Commission for re-determination as to whether the worker can recover compensation in accordance with section 261 of the Workplace Injury Management and Workers Compensation Act 1998.
Decision date: 31 August 2026 | Before: Acting Deputy President Elizabeth Wood
The Well Skin Clinics Pty Ltd v Workers Compensation Nominal Insurer [2026] NSWPICPD 41
Workers compensation; section 44B of the Workers Compensation Act 1987; onus of proof; application of Raniere Nominees Pty Ltd v Daley, and A1 Granny Flats v 2 Workers Compensation Nominal Insure; Held – the appeal is dismissed; the Certificate of Determination dated 6 November 2025 is confirmed.
Decision date: 3 September 2026| Before: Deputy President Michael Snell
Motor Accidents non-Presidential Member Decisions
Ovsepyan v AAI Limited t/as AAMI [2026] NSWPIC 500
Motor Accident Injuries Act 2017 (MAI Act); Civil Liability Act 2002 (CLA); Miscellaneous Claims Assessment; motor vehicle accident; rear-end collision conceded; claimant then assaulted by the insured driver; claimant alleges that secondary collision occurred when the insured driver drove directly at the claimant in the course of departing the scene; events recorded on CCTV cameras; whether injury sustained by the claimant on 8 March 2025 resulted from motor accident; sections 1.4, 1.9, and 3.1 of the MAI Act; Allianz Australia Insurance Limited v GSF Australia Pty Limited considered and distinguished; determination on the papers; onus of proof; consideration of section 5E of the CLA; PIC decisions in Tucker v Allianz, and Singh v Allianz considered and distinguished; Held – injury resulting from a dangerous situation caused by driving of the vehicle; injury sustained arising from motor vehicle accident.
Decision date: 26 August 2026 | Member: Gary Victor Patterson
Eid v AAI Limited t/as AAMI [2026] NSWPIC 504
Motor Accident Injuries Act 2017; miscellaneous claims assessment; whether for the purposes of section 3.1 the claimant suffered injury to his right knee as a result of a motor vehicle accident; ambulance and hospital records contain no reference to a knee injury; claimant first attended General Practitioner 11 days after accident and attributed knee injury to playing soccer; subsequently attributed injury to motor vehicle accident; Nguyen v Cosmopolitan Homes applied; Held – the claimant did not establish on the balance of probabilities the knee injury resulted from the motor vehicle accident.
Decision date: 27 August 2026 | Senior Member: Brett Williams
Allianz Australia Insurance Limited v Quach [2026] NSWPIC 505
Motor Accidents Injuries Act 2017; approval of $10,000.00 pursuant to section 6.23(b); 32 year old claimant who suffered a partial medial collateral ligament (MCL) tear when his friend's vehicle reversed and knocked him over; Held – MRI confirmed an incomplete tear; condition improved by physiotherapy; no entitlement to non-economic loss; no past economic loss sustained and medical evidence suggested no likely future economic incapacity; insurer allowed $10,000.00 buffer made up of two days off work per year in the event of flare ups; ongoing symptoms minimal; claim approved as just fair and reasonable in the circumstances.
Decision date: 27 August 2026 | Member: Michael Inglis
AAI Limited t/as GIO v Sloane [2026] NSWPIC 506
Motor Accident Injuries Act 2017 (MAI Act); Motor Accident Injuries Guidelines (Guidelines); settlement approval; the claimant was injured on 15 August 2025; the claimant was not working at the time of the accident of the accident as he was retired, he was aged 90; the claimant is aware this approval resolves his common law damages claim; the settlement complies with clause 7.37 of the Guidelines; Held – the settlement approved in the amount of $200,000, consisting of $200,000 for non-economic loss.
Decision date: 27 August 2026 | Member: Philip Carr
AAI Limited t/as GIO v He [2026] NSWPIC 507
Motor Accidents Injuries Act 2017; approval of $250,000.00 pursuant to section 6.23(b); 89-year-old claimant who suffered a fracture to her non-dominant left wrist and aggravation of pre-existing degenerative change in the wrist and knees; ongoing pain and restriction of movement in the wrist; impacting domestic tasks and general mobility; claimant now required to use a walking stick; difficulty with simple activities such as eating due to an inability to hold a bowl in the left hand when using chopsticks in the right hand; claim for non-economic loss only; Held – $250,000.00 approved as just fair and reasonable in the circumstances.
Decision date: 27 August 2026| Member: Michael Inglis
AAI Limited t/as GIO v Ali [2026] NSWPIC 508
Motor Accident Injuries Act 2017; settlement approval; 61 year old passenger injured whilst attempting to enter passenger door of the insured vehicle; insured vehicle unexpectedly reversed causing her to fall to the ground and sustain multiple rib fractures, thoracic, and lumbar spine fractures; claimant is a citizen of the United States of America, was in Sydney on holidays and has remained in Sydney to undergo treatment for her injuries; insurer wholly admitted liability, conceded non threshold injury, and also conceded entitlement to damages for non-economic loss, past and future economic loss; has not been able to work since the accident; total amount of damages proposed is $586,300 less statutory payments made to the claimant; after lengthy discussion with the claimant, she has refused to accept the proposed settlement offer made by the insurer and, accordingly, the proposed settlement of this claim is rejected; Held – the proposed settlement is rejected; this proposed settlement is not approved; the proposed settlement is not approved under Section 6.23 (2)(b).
Decision date: 27 August 2026| Member: David Ford
Insurance Australia Limited t/as NRMA Insurance v Saddi [2026] NSWPIC 513
Motor Accident Injuries Act 2017; settlement approval; 77 year old claimant residing in her home, when the insured vehicle crashed through the home and pushed a sofa inside the house, approximately 3 metres, and unfortunately the her foot became trapped under the sofa as it moved, claimant diagnosed with a crush injury of the left foot, lower back strain, injury to the tailbone, and subsequently she developed severe psychological trauma and post-traumatic stress disorder; insurer wholly admitted liability, conceded non threshold injury and also conceded entitlement to damages for non-economic loss; claimant is retired; amount proposed for non-economic loss is $275,000; Held – the proposed settlement is just, fair and reasonable; settlement approved; this proposed settlement is approved; the proposed settlement is approved under Section 6.23 (2)(b).
Decision date: 28 August 2026| Member: David Ford
Samhon v AAI Limited t/as AAMI [2026] NSWPIC 515
Motor Accident Injuries Act 2017; miscellaneous claims dispute as to whether claimant injured in a motor accident in this state; section 3.1(1); insurer relying on expert evidence as to extraction of crash data from claimant’s Lexus; data suggests the vehicle was stationary at time; issues of credit; assessment conference claimant observed to be unreliable witness; Held – claimant has not established she was injured in a motor accident as alleged.
Decision date: 31 August 2026| Member: Elizabeth Medland
Hadi v Allianz Australia Insurance Limited [2026] NSWPIC 520
Motor Accident Injuries Act 2017; application for reinstatement of a damages claim under section 6.24(4); claimant did not comply with insurer’s direction within three months and is taken to have withdrawn the claim; application made 3 years or more after the accident; application not opposed by insurer; Held – the claimant has a full and satisfactory explanation for the failure to provide the required particulars; the total damages of all kinds likely to be awarded if the claim succeeds are not less than 25% of the maximum amount for non-economic loss under section 4.13 as at the date of the accident; claim for damages is reinstated.
Decision date: 2 September 2026| Senior Member: Brett Williams
Workers Compensation non-Presidential Member Decisions
Workers Compensation Act 1987; the applicant was injured at work when a male dementia patient forcefully grabbed her left arm and wrenched it whilst she was attempting to bathe him; Held – the incident was a material contribution to the applicant’s injury and the need for surgery; the surgery proposed was causally related and reasonably necessary.
Decision date: 24 August 2026| Member: Lea Drake
BQU v State of New South Wales (Southern NSW Local Health District) [2026] NSWPIC 501
Workers Compensation Act 1987; applicant hospital nurse who treated a deceased three-year-old with a crushed skull following a ride on lawn mower incident in March 2023; development of post-traumatic stress disorder; issue of recovery of psychological condition; opinion expressed by one qualified doctor contrary to medical opinion from five medical practitioners; applicant’s psychological condition waxed and waned until she ceased work in March 2025; finding of no current work capacity from that date; application for weekly compensation during section 38 period; applicant deprived of adequate medical treatment due to insurer’s decision to decline liability; finding made that no current work capacity will continue indefinitely; Held – respondent ordered to pay weekly compensation and section 60 expenses.
Decision date: 26 August 2026| Principal Member: John Harris
Brown v Toll Transport Pty Ltd [2026] NSWPIC 502
Workers Compensation Act 1987; claim for lump sum compensation under section 66 in respect of primary psychological injury; prior proceedings concerning claim for weekly compensation where Member found that the effects of injury had ceased; whether previous Member’s determination created an estoppel; whether surveillance recordings to be referred to Medical Assessor (MA); Peric v Lee and Ran (t/as Pure & Delicious Healthy, WorkCover New South Wales v Evans, Superior Formwork Pty Ltd v Livaja, Bindah v Carter Holt Harvey Woodproducts Australia Pty Ltd, Jaffarie v Quality Castings Pty Ltd, and Shankar v Ceva Logistics (Australia) Pty Limited; Held – previous Member’s determination ought to be regarded as confined to the effects of the injury on the worker’s capacity to engage in employment; medical dispute referred to MA for assessment; Commission not satisfied that exceptional circumstances exist for the referral of the surveillance recordings.
Decision date: 26 August 2026 | Senior Member: Rachel Homan
Colgan v The Alpine School Limited & Anor [2026] NSWPIC 503
Workplace Injury Management and Workers Compensation Act 1998; issue as to whether forensic medical report and supplementary report prepared for a respondent against which the application was discontinued related to a separate claim to the claim being brought against the respondent; alternatively whether the reports could be considered by the Medical Assessor (MA) even if they otherwise were a breach of clause 44; Held – the reports had been obtained in respect of the same claim and could not be considered by the MA.
Decision date: 26 August 2026 | Member: Michael Moore
Simpson v State of New South Wales (NSW Trustee and Guardian) [2026] NSWPIC 509
Workers Compensation Act 1987; consequential conditions; whether applicant suffered weight gain, sleep disturbance, and/ or bruxism as a result of accepted psychological injury; medical expenses; whether proposed treatment is reasonably necessary; Held – applicant suffered the claimed consequential conditions as a result of her injury; applicant has not discharged her onus of proof in establishing the claimed medical expenses are reasonably necessary; award for the respondent on the claimed expenses; respondent is to otherwise pay the applicant’s section 60 expenses in relation to the claimed consequential conditions.
Decision date: 27 August 2026 | Member: Cameron Burge
Milburn v Transit Systems NSW Pty Ltd [2026] NSWPIC 511
Workplace Injury Management and Workers Compensation Act 1998; permanent impairment compensation; whether applicant estopped from claiming compensation; estoppel; Port of Melbourne Authority v Anshun Pty Ltd; whether reasonable for applicant to have brought permanent impairment claim as part of prior proceedings; whether notations in Consent Orders in prior proceedings give rise to estoppel by conduct; Commonwealth v Verwayen referred to; Held – it was not unreasonable for the applicant to delay bringing his permanent impairment claim; there is no estoppel by conduct; matter remitted to President for referral to a Medical Assessor.
Decision date: 27 August 2026 | Member: Cameron Burge
Ross v Eureka Operations Pty Ltd t/as Coles Express [2026] NSWPIC 512
Workers Compensation Act 1987 (1987 Act); Workplace Injury Management and Workers Compensation Act 1998 (1998 Act); applicant suffered psychological injury in January 2020; original medical assessment of 15% whole person impairment (WPI) in January 2023; employer successfully appealed resulting in Panel assessment of 14% WPI; Certificate of Determination (COD) issued; applicant alleges deterioration in permanent impairment; application to set aside COD and refer back for further medical assessment pursuant to section 329 of the 1998 Act; application of Sleiman v Gadalla Pty Ltd; limitation of one appeal does not mean one appeal each; no entitlement by applicant to file appeal and/or used reconsideration power under section 329; discussion of section 329 read textually with section 322A of the 1998 Act and section 66(1A) of the 1987 Act; inconsistent Presidential decisions; effect of repeal of section 378; Inner West Council v McQuade, and Bond v Blacktown Area Community Centres Incorporated not followed; Held – application to set aside COD refused.
Decision date: 27 August 2026 | Principal Member: John Harris
Freaney v DBG (Australia) Pty Ltd [2026] NSWPIC 514
Workers Compensation Act 1987; the applicant claimed she suffered a psychological injury in the course of her employment with the respondent, after being subjected to ongoing bullying, harassment and isolation tactics from her manager; the applicant claimed weekly payments of compensation and sought a general order in relation to medical expenses; the dispute centred on whether the applicant’s injuries were wholly or predominately caused by the reasonable actions of the employer with respect to performance appraisal; discussion of what constitutes performance appraisal; authorities of Irwin v Director-General of Education (Irwin) and Dunn v Department of Education & Training; discussion of reasonableness; authority in Irwin; Held – respondent has not made out a defence under s 11A(1); respondent to pay the applicant weekly compensation from 24 April 2025 to date and continuing pursuant to section 37 (1) based on the agreed pre-injury average weekly earnings rate of $2,596.15, as periodically indexed; respondent to pay the applicant’s reasonably necessary medical and related treatment expenses in accordance with section 60 upon production of accounts, receipts and/or a valid Medicare Notice of Charge.
Decision date: 28 August 2026 | Member: Jeffrey Gabriel
Korishy v James Courier Services Pty Ltd (Deregistered) [2026] NSWPIC 516
Workers Compensation Act 1987; claim for treatment expenses arising out of consequential condition of cervical spine condition claimed to be the result of accepted injury to lumbar spine; respondent disputed that the applicant had sustained consequential condition; consideration of Murphy v Allity Management Services Pty Ltd, Kooragang Cement Pty Ltd v Bates, and Kumar v Royal Comfort Bedding Pty Ltd; applicant failed to discharge onus due to the combination of a lack of evidence by the applicant as to how neck symptoms result from his back injury, ipse dixit medical opinion, inconsistent medical opinion generally and lack of contemporaneous complaints verified by medical evidence; Held – award for respondent with respect to consequential condition claimed.
Decision date: 31 August 2026 | Member: Diana Benk
Spooner v Woolworths Group Ltd [2026] NSWPIC 518
Workplace Injury Management and Workers Compensation Act 1998; medical expenses; whether proposed surgery reasonably necessary as a result of an accepted injury; the applicant seeks payment by the respondent for lumbar fusion surgery proposed by her treating surgeon; the respondent denied liability on the basis the proposed surgery was not reasonably necessary as a result of the injury; Held – the proposed surgery is reasonably necessary as a result of the accepted injury; respondent to pay the costs of and incidental to the proposed surgery.
Decision date: 1 September 2026 | Member: Cameron Burge
Motor Accidents Medical Review Panel Decisions
Rima v AAI Limited t/as AAMI [2026] NSWPICMP 635
Motor Accident Injuries Act 2017; review of medical assessment; threshold injury; pre-existing medical conditions; prior motor vehicle injury; injury to cervical thoracic and lumbar spine; soft tissue injury to right shoulder; consideration of signs of radiculopathy; material did not identify two signs of radiculopathy; injury does not conform to specific dermal distribution; Held – Panel determines threshold injury.
Decision date: 27 August 2026 | Panel Members: Member Hugh Macken, Dr Margaret Gibson, and Dr Mohammed Assem| Injury module: Spine, Upper Limb, and Lower Limb
Gulic v Allianz Australia Insurance Limited [2026] NSWPICMP 637
Motor Accident Injuries Act 2017; review of medical assessment; degree of permanent impairment; prior diagnosis of Post-Traumatic Stress Disorder; prior motor vehicle claim; anxiety, depression, and socially withdrawn; post-accident weight loss; requirement for second examination; previous assessment of impairment; consideration of nature of the accident and severity; persistent depressive disorder with anxious distress; considerable pre-accident burden of psychological symptoms; Held – degree of impairment of 24%; pre-existing percent of whole person impairment 17%; motor accident caused degree of impairment of 7%.
Decision date: 27 August 2026 | Panel Members: Member Hugh Macken, Dr John Baker, and Dr Christopher Canaris| Injury module: Mental and Behavioural
Al Laimouni v QBE Insurance (Australia) Limited [2026] NSWPICMP 638
Motor Accident Injuries Act 2017; review of certificate and reasons of the original Medical Assessor (MA) dated 20 November 2023 who diagnosed the claimant as having a persistent depressive disorder and assessed whole person impairment 21%; claimant involved in motor vehicle accident on 22 March 2019 when his van was sideswiped by the insured car; predominant injuries of the claimant were physical and not psychological; accident reconstruction report relied upon by the insurer concluded a moderate impact; claimant had long term depressive symptomatology up to and including the time of the accident with the most recent symptomatology following a serious assault and hospitalisation in 2016; Panel attempted to examine the claimant on four occasions but on each occasion the claimant failed to attend; assessment of the claimant proceeded on the papers; Panel concluded that the claimant’s reported psychological complaints were more likely due to pre-accident factors rather than as sequelae of the accident; Panel concluded that the claimant had not suffered a diagnosable psychiatric condition attributable to the accident and consequently an assessment of whole person impairment was not indicated; Held – certificate of MA revoked.
Decision date: 27 August 2026 | Panel Members: Member Alexander Bolton, Dr Christopher Canaris, and Dr Steven Yeates| Injury module: Mental and Behavioural
Allianz Australia Insurance Limited v David [2026] NSWPICMP 644
Motor Accident Injuries Act 2017; section 1.6(3); threshold injury: post-traumatic stress disorder (PTSD); the claimant suffered injury in a motor vehicle accident on 1 December 2024; a Medical Assessor (MA) found the claimant sustained PTSD caused by the accident, a threshold injury; insurer sought review; Held – Panel assessed the claimant and diagnosed post-traumatic stress disorder caused by the accident; certificate of MA affirmed.
Decision date: 28 August 2026 | Panel Members: Senior Member Susan McTegg, Dr Christopher Canaris, and Dr John Lam-Po-Tang| Injury module: Mental and Behavioural
EDY v AAI Limited t/as GIO [2026] NSWPICMP 649
Motor Accidents Injuries Act 2017; threshold injury dispute; psychiatric injury; claimant was the driver of a vehicle stationary at traffic lights when he was rear-ended by another vehicle; neck, back, and psychological injuries; original Medical Assessor diagnosed adjustment disorder; pre-accident history of persistent depressive disorder; Held – Panel found motor accident caused an aggravation of pre-existing persistent depressive disorder; multiple factors contributing to diagnosis however motor accident was a contributing cause, which was more than negligible; Medical Assessment Certificate revoked; new Certificate issued.
Decision date: 31 August 2026 | Panel Members: Member Jeremy Lum, Dr Christopher Canaris, and Dr Matthew Jones| Injury module: Mental and Behavioural
Allianz Australia Insurance Limited v Guillaume [2026] NSWPICMP 656
Motor Accidents Injuries Act 2017; permanent impairment dispute; claimant on motorcycle when t-boned at an intersection; right shoulder and lumbar spine injuries; original Medical Assessment Certificate (MAC) assessed right shoulder 6% whole person impairment (WPI) and lumbar spine 5% WPI; difference of medical opinion; Panel based assessment at the time of the Panel re-examination; Held – Panel’s reassessment; right shoulder at 5% WPI based on range of motion findings; lumbar spine 5% due to presence of dysmetria; total impairment 10%; MAC revoked; new certificate issued; Panel also issued combined certificate due to skin scarring assessment; total combined impairment 11% WPI.
Decision date: 2 September 2026 | Panel Members: Member Jeremy Lum, Dr Margaret Gibson, and Dr Alan Home| Injury module: Right upper extremity, Lumbar spine
Forden v Allianz Australia Insurance Limited [2026] NSWPICMP 657
Motor Accident Injuries Act 2017; assessment of whole person impairment and claimant’s application for review under section 7.26; claimant rider of motorcycle forced off road by oncoming car sustaining fracture at C7 and developing psychological symptoms; review based on assessment of self-care and personal hygiene and the assessment of concentration, persistence, and pace; Abdal v Insurance Australia Limited t/as NRMA Insurance applied; claimant examined by both Medical Assessors (MA); there were inconsistencies between the claimant’s history and the medical records and the claimant’s behaviour during the re-examination was described as odd; a screening test was administered suggesting the claimant had a clinically significant cognitive impairment; the MAs diagnosed a post-traumatic stress disorder, persistent depressive disorder, likely alcohol use disorder, and likely neurocognitive disorder; Review Panel not satisfied impairment permanent in absence of investigation and diagnosis of cause of cognitive impairment; Held – certificate revoked and under section 7.21(4); Review Panel declined to assess impairment until satisfied that the impairment had become permanent.
Decision date: 2 September 2026 | Panel Members: Member Belinda Cassidy, Dr Melissa Barrett, and Dr Ankur Gupta| Injury module: Mental and Behavioural
Kumar v AAI Limited t/as GIO [2026] NSWPICMP 658
Motor Accidents Injuries Act 2017; threshold injury dispute; claimant was the driver of a small car on the M7 which was pushed sideways by a truck and into a ditch on the side of the road; claimant and his partner were trapped in the car until extracted by emergency services; previous psychological symptoms from motor accident in 2016 and workplace bullying in 2019; original Medical Assessment Certificate (MAC) found pre-existing persistent depressive disorder with claimant’s current functional impairment unchanged and therefore assessed nil psychiatric disorder related to the subject motor accident; Held – Panel re-examined and accepted circumstances of the accident satisfied criteria for post-traumatic stress disorder and an exacerbation of pre-existing persistent depressive disorder; both non-threshold injuries; MAC revoked; new MAC issued.
Decision date: 2 September 2026 | Panel Members: Member Jeremy Lum, Dr Wayne Mason, and Dr John Lam-Po-Tang| Injury module: Mental and Behavioural
Yu v Allianz Australia Insurance Limited [2026] NSWPICMP 659
Motor Accident Injuries Act 2017; review of certificate and reasons of original Medical Assessor (MA) who assessed the claimant as having a whole person impairment of 3% with a diagnosis of specific phobia, bus travel, and major depressive disorder in remission with some ongoing symptoms; claimant was injured on 7 November 2022 when she was a passenger in a bus which suddenly stopped, jolting her forward and causing her to hit her head on the padded seat in front of her; following the accident claimant was able to travel by bus but refused to use the particular bus route on which she was travelling at the time of the accident and continuing; the claimant divorced her first husband and married again but divorced this husband in 2018 and subsequently remarried her first husband, after the accident; claimant now regularly travels between Australia and China to see her husband who is awaiting a spousal visa; following examination of the claimant, the Review Panel considered the claimant had generally adjusted well and was not considerably affected by psychiatric disability; Review Panel diagnosed the claimant as having a specific phobia, situational (bus) and assessed whole person impairment 4%; Held – certificate of MA revoked.
Decision date: 2 September 2026 | Panel Members: Member Alexander Bolton, Dr Wayne Mason, and Dr John Lam-Po-Tang| Injury module: Mental and Behavioural
Workers Compensation Medical Appeal Panel Decisions
Workplace Injury Management and Workers Compensation Act 1998; the appellant suffered an accepted psychological injury and was referred for medical assessment; the 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
Coles Supermarkets Australia Pty Limited v Taylor [2026] NSWPICMP 622
Workplace Injury Management and Workers Compensation Act 1998; workers compensation; appeal from decision of a Medical Assessor; requirement for finding of required signs and symptoms in assessing complex regional pain syndrome; extent of scope of referral; Skates v Hills Industries Ltd applied; right shoulder did not form part of dispute referred for assessment; error established; Held – Medical Assessment Certificate revoked.
Decision date: 19 August 2026 | Panel Members: Member Mitchell Strachan, Dr Drew Dixon, and Dr Sophia Lahz| Injury module: Right Upper Extremity
Manildra Energy Australia Pty Ltd v Turnwald [2026] NSWPICMP 639
Workplace Injury Management and Workers Compensation Act 1998; medical appeal panel; appeal by employer in respect of assessment of threshold whole person impairment (WPI) dispute (39% WPI); grounds of appeal identified two errors; deduction in cervical spine and inclusion of body parts (both knees) not referred for assessment; elsewhere in submissions other errors identified including no assessment of left hip and failure to combine assessments correctly; claimant agreed with first two errors and did not address others; Panel issued directions seeking submissions on all identified errors; parties agreed and requested Appeal be dealt with on the papers; Held – error in application of criteria in SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4thed in cervical spine (not rounded correctly), right hip (deduction found but not applied), and failure to use combination tables (multiple impairments added not combined); demonstrable error found in inclusion of knees not referred and failure to assess left hip that was referred; Skates v Hills Industries Limited applied; the issue of section 323 deduction in assessment of left hip resolved by adopting one-tenth deduction which had been deducted from all other body parts; certificate revoked and fresh certificate issued for 43% WPI.
Decision date: 27 August 2026 | Panel Members: Member Belinda Cassidy, Dr David Crocker, and Dr Tommasino Mastroianni| Injury module: Cervical Spine, Lower Extremity,
Tomago Aluminium Company Pty Limited v Watt [2026] NSWPICMP 640
Workplace Injury Management and Workers Compensation Act 1998; appeal against Medical Assessor’s (MA) lack of any deduction made for pre-existing condition under section 323; MA assessed 16% whole person impairment (WPI) to the lumbar spine as a result of the workplace frank injury; whether episodic low back pain contributes to assessed WPI; whether degenerative features in CT and MRI radiology constitutes a “condition”; Ryder v Sundance Bakehouse, and Cullen v Woodbrae Holdings referred to and applied; Held – no deduction for pre-existing condition was required and MAC confirmed.
Decision date: 27 August 2026 | Panel Members: Member Jeremy Lum, Dr James Bodel, and Dr David Lewington | Injury module: Lumbar Spine
Britton v Warrumbungle Shire Council [2026] NSWPICMP 641
Workplace Injury Management and Workers Compensation Act 1998; appeal from 10% assessment regarding wrist injury; whether adequate reasons given; whether incorrect criteria applied; Held – Medical Assessor explained that grip strength excluded by the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment,4thed (Guides); MA extracted relevant Guides, including relevant American Medical Association Guides to the Evaluation of Permanent Impairment,5th ed , guidelines in their Table 2 certificate; reasons adequate; reliance on medicolegal opinion misconceived, as no reason given by applicant’s expert for inclusion of grip strength in face of the guidelines; Medical Assessment Certificate confirmed.
Decision date: 27 August 2026 | Panel Members: Member John Wynyard, Dr James Bodel, and Dr Gregory McGroder | Injury module: Left Upper Extremity, and Scarring
G.R. & C.C. Morgan Pty Limited v Dyer [2026] NSWPICMP 642
Workplace Injury Management and Workers Compensation Act 1998; section 327(3); demonstrable error, incorrect criteria, assessment of impairment where diagnostic criteria for Complex Regional Pain Syndrome Type 1 or 2 not satisfied; analogous condition; Pace Farms Pty Limited v Taylor considered and applied; Held – Medical Assessment Certificate revoked.
Decision date: 27 August 2026 | Panel Members: Member John Turner, Dr Mohammed Assem, and Alan Home | Injury module: Left Upper Extremity
State of New South Wales (NSW Police Force) v Feeney [2026] NSWPICMP 643
Workplace Injury Management and Workers Compensation Act 1998; appellant submits that the Medical Assessor (MA) erred in her whole person impairment (WPI) assessment of one of the categories of the psychiatric impairment rating scale (PIRS), namely social functioning; Appeal Panel agreed; appellant’s negativity about children, as described by the MA, is a symptom of her condition, not an impairment; appellant’s concern about the expense is shared by many of her peers; it is also not an “actual indicator” of the respondent’s social functioning; Medical Assessment Certificate revoked.
Decision date: 27 August 2026 | Panel Members: Member Deborah Moore, Dr Douglas Andrews, and Dr Ash Takyar | Injury module: Psychiatric/Psychological
Sangiuliano v Shellharbour Private Hospital [2026] NSWPICMP 646
Workplace Injury Management and Workers Compensation Act 1998; Medical Appeal; claim for deterioration pursuant to section 327(3)(a); admission of fresh evidence; appellant did not have further assessment of whole person impairment (WPI) since the Medical Assessment Certificate was issued; Riverina Wines v Workers Compensation Commission of New South Wales applied; consideration of weight to be given to Member’s decision to set aside Certificate of Determination to allow an appeal; analysis of fresh evidence relied upon did not show evidence of deterioration; Held – applicant could not succeed without assessment of WPI to support inherently relational question in s 327(3)(a); in any event fresh evidence relied upon did not provide evidence of deterioration.
Decision date: 28 August 2026 | Panel Members: Member Parnel McAdam, Professor Nicholas Glozier, and Dr John Lam-Po-Tang | Injury module: Psychiatric/Psychological
Blacktown City Council v Millard [2026] NSWPICMP 647
Workplace Injury Management and Workers Compensation Act 1998; whether Medical Assessor (MA) provided sufficient reasons for his conclusion that the respondent met the criteria to enable a diagnosis of Chronic Regional Pain Syndrome (CRPS) 1; whether Medical Assessor adequately explained his rating of the degree of the respondent’s permanent impairment; Held – MA did not properly explain his reasons for concluding the respondent had CRPS 1; respondent re-examined; Medical Assessment Certificate revoked.
Decision date: 28 August 2026 | Panel Members: Member Marshal Douglas, Dr Drew Dixon, and Dr Gregory McGroder | Injury module: Right Upper Extremity
Secretary, Department of Communities and Justice v Toomey-White [2026] NSWPICMP 650
Workplace Injury Management and Workers Compensation Act 1998; psychological injury; lump sum claim; appellant employer challenged the assessments in two of the six psychiatric impairment rating scale categories for travel and employability as well as the deduction being limited to one-tenth for a pre-existing condition; no errors found; Held – Medical Assessment Certificate confirmed.
Decision date: 31 August 2026 | Panel Members: Member Jane Peacock, Professor Nicholas Glozier, and Dr John Lam-Po-Tang| Injury module: Psychiatric/Psychological
Peace Bakery Australia Pty Ltd v Jommaa [2026] NSWPICMP 652
Workplace Injury Management and Workers Compensation Act 1998; assessment of whole person impairment to the cervical spine, lumbar spine, upper extremities (shoulders); whether Medical Assessor (MA) failed to consider extensive history of symptomatology, conditions and injury prior to workplace injury; symptoms, radiological investigation and treatment in relevant body parts less than two months prior to workplace injury; failure to provide adequate reasons; application of section 323; Held – Medical Assessor (MA) erred failing to consider all of the available medical evidence; error in failing to provide adequate reasons in relation to extensive pre and post injury evidence of a pre-existing condition and in application of an appropriate deduction for any pre-existing condition; error in application of section 323; Held – Medical Assessment Certificate revoked.
Decision date: 31 August 2026 | Panel Members: Member Kathryn Camp, Dr Greg McGroder, and Dr Roger Pillemer | Injury module: Lumbar Spine, Cervical Spine, Right Upper Extremity, and Left Upper Extremity
Herbert v State of New South Wales (NSW Police Force) [2026] NSWPICMP 654
Workplace Injury Management and Workers Compensation Act 1998; appellant submits that the Medical Assessor erred in his whole person impairment (WPI) assessment of one of the categories of the psychiatric impairment rating scale (PIRS), namely social and recreational activities; Appeal Panel found no errors; assessment was consistent with the evidence; Held – Medical Assessment Certificate confirmed.
Decision date: 1 September 2026 | Panel Members: Member Deborah Moore, Dr Douglas Andrews, and Dr John Baker | Injury module: Psychiatric/Psychological
Tamsett v Busways Wyong Pty Ltd [2026] NSWPICMP 655
Workplace Injury Management and Workers Compensation Act 1998 (1998 Act); Workers Compensation Act 1987 (1987 Act); appeal from 7% whole person impairment for psychological injury; whether Medical Assessor (MA) erred by not considering the issue of secondary injury pursuant to section 65A of the 1987 Act and applicable case law; whether MA diagnosis adequately explained; Held – obvious error in terms of referral not recognised by the parties, consent order named “primary psychological injury” for assessment, but referral only named “psychiatric/psychological injury”; observations made as to conduct of parties in allowing incorrect referral to be made when a draft is always circulated by the Commission for approval; Basten JA in Skates v Hills Industries Ltd referred to and considered; error made by MA failing to adequately explain his diagnosis in view of current symptoms; observations on danger of relying on clinical notes, which had been MA’s rationale; Qannadian v Bartter Enterprises Pty Limited applied; Appeal Panel opted to re-examine rather than revert the matter to the Commission; Medical Assessment Certificate revoked.
Decision date: 1 September 2026 | Panel Members: Member John Wynyard, Professor Nicholas Glozier, and Dr Michael Hong | Injury module: Psychiatric/Psychological
Motor Accidents Merit Review Decision
Zou v QBE Insurance (Australia) Limited [2026] NSWPICMR 36
Motor Accident Injuries Act 2017; merit review dispute as to entitlement to ongoing payments of weekly statutory benefits beyond 156 weeks; section 3.12; pending damages claim; no current evidence assessing claimant over 10% whole person impairment; separate medical dispute for the assessment of impairment lodged and pending; nothing within section 3.12 that permits payments on an interim or contingent basis where there is a pending medical assessment dispute with the Commission; Held – reviewable decision affirmed; insurer to reconsider whether section 3.12(2)(c) applies once medical assessment dispute determined.
Decision date: 19 August 2026 | Merit Reviewer: Elizabeth Medland
This publication is for information only. The publication is not legal advice. The information provided is not a substitute for reading the decisions. The Commission does not accept liability for the information in this publication or for way the information is used.
Subscribeto receive legal bulletins to your inbox.