Click through to download Holman Webb Lawyers' new Minor Injury Guide, which assists those working within the CTP Insurance space in determining whether an injured person has sustained minor or non-minor injuries for the purpose of your liability decisions.  

Presented by CTP Insurance Partner Stephanie Davis on Thursday 16 June 2022, this webinar recording provides 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.

Click through to watch this webinar, and to download Holman Webb's recently published Minor Injury Guide, which highlights some recent Review Panel decisions concerning Minor Injury Disputes.

Important takeaways from the decision in Talevska v AAI Limited t/as AAMI [2022] NSWPICMP 82:

• Only one injury needs to fall outside the definition of “minor injury” to entitle the Claimant to ongoing statutory benefits and common law damages.
   
• The Review Panel dismissed an Application to assess other injuries on the basis it was no longer relevant.

Important takeaways from the decision in Muradi v QBE Insurance (Australia) Ltd [2022] NSWPICMP 59:

• The Review Panel had regard to various studies addressing annular tears and determined that although the accident could have caused an annular tear, it did not cause the Claimant’s annular tear.
   
• The Review Panel considered that the Claimant’s symptoms were more likely attributable to damage to other musculoskeletal structures and psychological distress, than the annular tears.

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 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.