Dordevic v AAI Limited trading as GIO

Case

[2022] NSWPICMP 279

8 July 2022


Details
AGLC Case Decision Date
Dordevic v AAI Limited trading as GIO [2022] NSWPICMP 279 [2022] NSWPICMP 279 8 July 2022

CaseChat Overview and Summary

Dordevic brought a claim against AAI Limited trading as GIO regarding injuries sustained from two separate motor accidents. Dordevic was involved in a collision with a bicycle on 19 February 2019 and later as a front seat passenger in another car accident on 5 February 2020. Both accidents involved the same insurer. Dordevic's injuries from the first accident included cervical spine damage with disc protrusion and an annular tear, along with injuries to the left shoulder, left hand, lower back, right hip, and right leg. The dispute primarily centred on whether the cervical spine injuries were minor or significant.

The court was required to determine whether the claimant's cervical spine injuries were minor or significant. The Panel had already concluded that the disc protrusion and annular tear were not age-related and that the other injuries were minor. The main focus of the review was whether the injuries to the cervical spine were minor, as initially assessed by the Medical Assessor. Dordevic argued that a scan of the cervical spine taken on 4 August 2020 confirmed the disc protrusion and an annular fissure, suggesting the injuries were not minor.

The court found that the Medical Review Panel's conclusion that Dordevic suffered a disc protrusion and an annular tear as a result of the 19 February 2019 accident was correct. The Panel's decision was based on the medical evidence and assessments, including the scan and submissions made by Dordevic. The court upheld the Panel's findings, affirming that the claimant's cervical spine injuries were significant and not minor. The court's reasoning was grounded in the medical evidence presented and the Panel's expert assessment. The final order upheld the Panel's decision, confirming that Dordevic's cervical spine injuries were not minor.
Details

Areas of Law

  • Personal Injury Law

  • Insurance Law

Legal Concepts

  • Causation

  • Compensatory Damages

  • Motor Accidents

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Cases Citing This Decision

4

Touma v AAI Limited t/as AAMI [2024] NSWPICMP 451
Touma v AAI Limited t/as AAMI [2024] NSWPICMP 451