Brown v AAI Limited t/as GIO

DETERMINATION OF REVIEW PANEL

CITATION:

Brown v AAI Limited t/as GIO [2025] NSWPICMP 7

CLAIMANT:

Graham Sidney Brown

INSURER:

GIO

REVIEW PANEL

MEMBER:

Nolan

MEDICAL ASSESSOR:

Lahz

MEDICAL ASSESSOR:

Kenna

DATE OF DECISION:

7 January 2025

CATCHWORDS:

MOTOR ACCIDENTS – Motor Accidents Compensation Act 1999; physical injuries; review of Medical Assessment Certificate under section 63(4); whether the degree of permanent impairment exceeded 10%; claimant involved in a motor vehicle accident and alleged soft tissue injuries to the cervical spine and lumbar spine; Review Panel considered extensive pre-existing degenerative changes in both regions; no evidence of acute trauma or worsening of pre-existing conditions caused by the accident; whether post-accident symptoms and treatments were attributable to the accident; Held – cervical spine and lumbar spine injuries caused by the motor accident were limited to mild soft tissue injuries; no permanent impairment attributable to the accident; claimant’s whole person impairment assessed at 0%.

DETERMINATIONS MADE:  

CERTIFICATE OF DETERMINATION

Medical Assessment – Permanent Impairment

WHETHER THE DEGREE OF PERMANENT IMPAIRMENT OF THE INJURED PERSON AS A RESULT OF THE INJURY CAUSED BY THE MOTOR ACCIDENT IS GREATER THAN 10%

THE ASSESSMENT MADE BY THE REVIEW PANEL UNDER SECTION 63(4) IS AS FOLLOWS:

1.     The Review Panel revokes the certificate of Medical Assessor Truskett dated 7 September 2023 and issues a new certificate determining that the following injuries caused by the motor accident give rise to a whole person impairment which, in total, is not greater than 10% (0%):

(a)    cervical spine – soft tissue injury – 0%, and

(b)    lumbar spine – soft issue injury – 0%.

STATEMENT OF REASONS

INTRODUCTION

1. Graham Brown (the claimant) was injured in a motor accident on 18 January 2015.

2. In his Personal Injury Claim Form, the claimant sets out the accident details. He stated that he was traveling as a passenger in a vehicle when a vehicle traveling in front of him indicated it was turning left but instead made an illegal U-turn, resulting in a head-on collision with the vehicle in which the claimant was a passenger. The claimant states that he attended the police station on 18 January 2015. The claimant claims he sustained the following injuries:

   (a)    whiplash injuries to his head;

   (b)    left shoulder;

   (c)    left elbow;

   (d)    left hip;

   (e)    left knee;

   (f)    neck;

   (g)    back;

   (h)    left jaw; and

   (i)    a broken left rib.

3. Dr Dobler in a medical certificate dated 1 June 2015 in support of the claimant’s personal injury claim form refers to an examination undertaken on the 25 March 2015. He diagnosed the claimant as having suffered a cervical spine injury, chest pain and right hip soft tissue injury. He certified the claimant fit for light part time non-physical pre-injury duties and referred him for an MRI scan.

4. In a statement dated 18 September 2018, the claimant outlined his employment history, stating that he worked in physically demanding roles, including welding and fabrication, for approximately 30 years. He described sustaining multiple injuries over this time, including knee injuries…