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 1. 
 2. News


NSW SUPREME COURT QUASHES REVIEW PANEL’S DECISION IN PERSONAL INJURY CASE



The decision concerned whether the plaintiff's injury met criteria laid out in
the Motor Accidents Injuries Act 2017


By Angelica Dino
18 Jan 2024
Share


The NSW Supreme Court recently quashed the decision of a medical assessor's
review on the grounds that errors were discovered in the panel's assessment of a
personal injury claim.

The proceedings in Adam Briggs v IAG Limited t/as NRMA Insurance [2024] NSWSC 3
stemmed from the pursuit of damages under the Motor Accidents Injuries Act 2017
(NSW) by the plaintiff, Adam Briggs. Briggs had sustained injuries in a 2018
motor vehicle accident.

The central dispute revolved around whether the plaintiff's injury met the
"threshold injury" criteria defined by section 1.6 of the act. The court noted
that injuries involving the "complete or partial rupture of tendons, ligaments,
menisci, or cartilage" are not classified as threshold injuries.




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The plaintiff underwent an assessment by a medical assessor, who initially
determined the injury to be minor. However, a subsequent review panel concluded
that while an annular tear was present, it was not causally linked to the
accident. Consequently, the review panel deemed the injuries minor under the
act.

Upon judicial review, the first review panel decision was overturned due to
procedural fairness concerns. The matter was then assigned to a newly
constituted review panel, the second review panel, which reaffirmed the
classification of the injuries as "minor." However, a second judicial review
quashed the second review panel's decision. The court found that the panel had
failed to conduct a fresh assessment and apply the correct causation test.

The matter was allocated again to a newly constituted third review panel. The
plaintiff asserted several judicial grounds of review, including the panel's
misapplication of the Motor Accident Guidelines and its failure to consider all
relevant evidence regarding causation.

The NSW Supreme Court, in its analysis, concurred with the plaintiff on several
points. The court noted that the third review panel applied a permanent
impairment guideline irrelevant to threshold injury disputes. The court
identified this as a jurisdictional error and emphasised the need to adhere to
the correct guidelines.

The court also supported the plaintiff's argument that the third review panel
asked the wrong question regarding causation, applying an incorrect test that
deviates from the balance of probabilities standard required by law.



Furthermore, the court found that the third review panel failed to provide
procedural fairness by not notifying the parties before redefining the claimed
injury and conducting a selective meta-analysis of scientific studies without
allowing the parties to be heard.

Ultimately, the court ruled in favour of the plaintiff, finding errors of law on
the face of the record and jurisdictional errors. Accordingly, the court set
aside the review panel's decision and remitted the matter to the Personal Injury
Commission to be dealt with according to law.




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