AAI Limited t/as GIO v Kalantzis

CERTIFICATE OF DETERMINATION OF MEMBER 

Citation:

AAI Limited t/as GIO v Kalantzis [2023] NSWPIC 252

Claimant:

John Kalantzis

insurer:

AAI Limited t/as GIO

Member:

Shana Radnan

DATE OF DECISION:

26 May 2023

CATCHWORDS:

MOTOR ACCIDENTS - Motor Accident Injuries Act 2017; settlement approval; $195,000; 48-year-old male; past and future economic loss only; 1% whole person impairment; left shoulder surgery, hip pain and aggravation of pre-existing low back degenerative condition; section 6.23; Held – the proposed settlement is just, fair and reasonable; settlement approved.

determinations made:

Settlement Approval
Issued under section 6.23 of the Motor Accident Injuries Act 2017

1.      This proposed settlement is approved.

2.      The proposed settlement is approved under s 6.23(2)(b) of the Motor Accident Injuries Act 2017.

3.      The proposed settlement complies with cl 7.392 to cl 7.411 of the Motor Accident Injuries Guidelines.

STATEMENT OF REASONS

INTRODUCTION

1. On 23 September 2020 John Kalantzis (the claimant) sustained injury in a motor vehicle accident (the accident).

2. The claimant has made a claim against GIO (the insurer) of the at fault vehicle, for lump sum damages.

3. The insurer accepted liability for the claimant’s claim for statutory benefits and has paid him $90,910.72 by way of statutory weekly benefits and seeks credit for that sum.

4. The claimant was rear ended and pushed into the vehicle in front of him, resulting in a six car chain collision. The claimant’s airbags did not deploy as a result of the accident. Neither police or ambulance attended the accident scene.

5. An Application for Common Law Damages was lodged on 12 September 2022 and liability was admitted in full on 7 December 2022 (document A3).

INJURIES

1. As a result of the accident, the claimant contends he sustained the following injuries:

   (a)    left shoulder (requiring surgery);

   (b)    cervical spine – soft tissue injury;

   (c)    lumbar spine – soft tissue injury, and

   (d)    bilateral hips – soft tissue injury.

2. Following the accident, the claimant consulted his general practitioner (GP), Dr Gurigis, who arranged for him to undergo an ultrasound of his left shoulder. This ultrasound revealed a tear and the claimant was referred to Dr Doron Sher, orthopaedic surgeon, who recommend the claimant undergo surgery.

3. The claimant sought a second opinion from Dr Moopanar, orthopaedic surgeon, who also recommended the claimant undergo surgery.

4. On 29 January 2021 the claimant underwent surgery in the form of a left shoulder arthroscopy, rotator cuff repair and bicep tenodesis (document A6).

5. Up until undergoing shoulder surgery the claimant had been working in his usual capacity, being certified fit to do so. Following his surgery, the claimant had approximately five months off work to allow for recovery, returning to work in June 2021, on a restricted basis. As at 12 July 2021, the claimant was certified as fit for pre-injury duties (document A14).

6. The claimant has been assessed by Dr Rogers, occupational physician, on behalf of GIO. In report dated 9 February 2023 (document A5) Dr Rogers confirmed the circumstances of the accident and noted the claimant to…