Important takeaways from the decision in Venizelou v AAI Ltd [2021] NSWPICMP 215:

• The Panel accepted that further tearing of an already degenerate lateral meniscus caused by the accident was a partial rupture of the meniscus, and that such injury was not a minor injury for the purposes of the Motor Accident Injuries Act 2017.

Important takeaways from the decision in GIO Insurance (Australia) Ltd v Taouk [2021] NSWPICMP 193:

• Where the examination findings of the initial Assessor are not in dispute, a physical re-examination of the Claimant is not necessary, and is consistent with the objects of the PIC to “resolve the real issues in proceedings justly, quickly, cost effectively and with as little formality as possible” (see Section 3(c) of the Personal Injury Commission Act 2020).
   
• Although not determinative of causation, a lack of contemporaneous records of an injury will be a relevant factor, particularly if the contemporaneous records are detailed and are suggestive of “precision in questioning and recording”.

Important takeaway from the decision in Simon v QBE Insurance (Australia) Limited [2022] NSWPICMP 216:

• Neurological symptoms must correspond with pathology identified on radiological imaging.

Important Takeaways from the decision in Vuong v Insurance Australia Ltd t/as NRMA [2022] NSWPICMP 55 :

• The panel found that the Claimant’s mother’s cancer diagnosis, although unrelated to the subject accident, had not “severed the chain of causation and the subject MVA remains a significant causal factor in her current psychological injury”.

Important takeaways from the decision in Cho v Insurance Australia Limited t/as NRMA Insurance [2022] NSWPICMP 107:

• The Review Panel applied the findings in Lynch v AAI Limited t/as AAMI [2022] NSW PICMP 6 as to the timing of the diagnosis.
   
• The Review Panel did not diagnose PTSD as the accident was not experienced as a threat of serious injury or death.

Important takeaways from the decision in David v Allianz Australia Insurance Ltd [2021] NSWPICMP 227:

• Radiculopathy does not need to be present at the time of the Assessment.  It is sufficient that radiculopathy is confirmed as per Section 5.8 of the Guidelines at any time following the accident.
   
• Annular tears will not be attributed to an accident merely because there is no history of back pain or pre-existing pathology.

Important takeaways from the decision in Lynch v AAI Limited t/as AAMI [2022] NSWPICMP 6:

• A diagnosis of an Adjustment Disorder cannot be made if the stress related disturbance meets the criteria for another mental disorder. 
• A psychiatric diagnosis in remission may be found to be a non-minor injury.
• The Claimant bears the onus of establishing that their injury is a non-minor injury.

Carbon monoxide (CO) is an odourless, colourless gas produced by combustion of hydrocarbon fuels. The toxic fume takes the place of oxygen in the blood, leading to headaches, drowsiness, irritability, reduced judgment and motor skills, convulsions, coma and death.

Between 2011 and 2016 there were 15 deaths attributed to gas and solid fuel appliances in Australia, and in the 12 months between 2018-2019 there were 256 hospitalisations due to accidental poisoning from Carbon monoxide.

Concerningly, Carbon monoxide poisoning is becoming increasingly common. A recent study has found that Carbon monoxide contributed to the death of 28 people between 2006-2018, when drivers unintentionally filled their homes with toxic fumes by leaving their keyless cars parked and running in their garages.

Carbon monoxide is particularly deadly in confined spaces such as cars, boats and caravans.

We are pleased to invite readers to join Holman Webb's Insurance Group for our upcoming webinar: 'Understanding minor/non-minor injuries and key concepts for disputes'.

Presented by CTP Insurance Partner Stephanie Davis and taking place on Thursday 16 June 2022, this webinar will provide an overview of how the Motor Accident Injuries Act 2017, Motor Accident Injuries Regulation 2017 and the Motor Accidents Guidelines work together to define minor injuries and the procedure for assessment of Minor Injury Disputes.

The webinar will also focus on some of the recent Review Panel Decisions on Minor Injury Disputes. It will provide valuable insight into how the PIC has addressed these Disputes, making it easier to determine whether an injured person has sustained minor or non-minor injuries for the purpose of your liability decisions. 

Holman Webb is pleased to announce that eight lawyers have been included in the 2023 Edition of The Best Lawyers in Australia, and Best Lawyers: Ones to Watch in Australia.