AAI Limited t/as GIO v Hadley

[2023] NSWPIC 493

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

AAI Limited t/as GIO v Hadley [2023] NSWPIC 493

CLAIMANT:

Joanne Hadley

INSURER:

GIO

MEMBER:

Hugh Macken

DATE OF DECISION:

14 September 2023

CATCHWORDS:

MOTOR ACCIDENTS -  Motor Accident Injuries Act 2017; settlement approval section 6.23; fractured pelvis, transverse fractures L2/L3; post-traumatic stress reaction; pre-accident weekly earnings; past economic loss, future economic loss; most likely future circumstances; claimant excellent recovery, returned to cycling; exercise program and ongoing treatment needs; working normally, no ongoing accident related restrictions; section 4.7 of the Motor Accident Injuries Act; most likely future circumstances but for the injuries; Held – settlement approved; deed of release.

DETERMINATIONS MADE:

CERTIFICATE

SETTLEMENT APPROVAL

Issued under section 6.23 of the Motor Accident Injuries Act 2017

The amount of the claim for damages is approved in the total amount of $40,000.

STATEMENT OF REASONS

Introduction

1. The claimant is a 57-year-old woman, who works as a physiotherapist, who suffered significant injuries when she was riding a bicycle when struck by the insured’s vehicle whilst she was negotiating a roundabout. The claimant suffered fractures to the pelvis, 8th rib, suspected transverse fractures at L2 and L3 as well as suffering a post-traumatic stress reaction.

2. The parties have agreed to resolve the matter in the sum of $40,000 which includes the payments made by the insurer totalling $13,283.92. This leaves a figure of $26,716.08. This figure is made up of an amount of $20,000 for past economic loss and $20,000 for future economic loss. The claimant has requested that I approve the settlement.

3. Following the accident the claimant was taken to Batemans Bay Hospital where she was admitted for about four days. The claimant was due to start a new job on the Monday after the accident but the accident pushed back her starting date to November. The claimant currently works as a physiotherapist primarily in private practice.

4. The claimant agrees that the time off work as a result of the accident was for about eight weeks and thereafter there was a graduated return to work until early 2022 at which point she returned to her normal duties.

5. The notes, certificates and medical material support the insurer’s contention that the fractures she sustained have healed. The claimant has wide experience in dealing with traumas in her work as a physiotherapist and agrees that physically she has healed well. She has returned to cycling. She is managing her exercise program independently and wishes, quite emphatically, to manage any ongoing treatment needs, particularly in relation to the trauma and anxiety around the accident through her own networks and connections.

6. The claimant has confirmed that she is working normally and suffers no ongoing accident-related restrictions which would affect her work.

7. The insurer has made an allowance of $20,000 for future economic loss for, what it describes as a possible reduction in the claimant’s earning capacity on an ad hoc basis during periods of possible exacerbation.

8. I note the operation of s 4.7 of the Motor Accident Injuries Act 2017 (MAI Act) as it relates to the claimant’s most likely future circumstances but for the injury and I agree with both parties that the claimant would have continued in her role as a physiotherapist, as she currently does, without any physical restriction.

9. Noting these matters I have no hesitation in approving the settlement.

10. As a final note it is appropriate to add that I found the claimant to be a remarkable woman. She is both stoic and strong and has shown determination in recovering from quite significant injuries as quickly as possible. She has a very good understanding of the effects that the injuries had on her and the best way to deal with it. She has expressed the desire to manage any ongoing treatment needs herself and, noting her vocation and resilience, I have no hesitation that this is precisely what she will do.

11. For the reasons above I have no hesitation in approving the settlement proposed in the documents provided by the parties.

Legislation

1. In making my decision I have considered the following legislation and guidelines:

   ·        MAI Act, s 6.23 (3), and

   ·        Motor Accident Injuries Regulation 2017, s 7.37.