Gatt v Insurance Australia Limited t/as NRMA Insurance (No 1)
[2023] NSWPICMP 117
•28 March 2023
| DETERMINATION OF REVIEW PANEL | |
| CITATION: | Gatt v Insurance Australia Limited t/as NRMA Insurance (No 1) [2023] NSWPICMP 117 |
| CLAIMANT: | Anthony Gatt |
INSURER: | Insurance Australia Limited t/as NRMA Insurance |
| REVIEW Panel | |
| MEMBER: | Belinda Cassidy |
| MEDICAL ASSESSOR: | Margaret Gibson |
| MEDICAL ASSESSOR: | Shane Moloney |
| DATE OF DECISION: | 28 March 2023 |
CATCHWORDS: | MOTOR ACCIDENTS – Motor Accident Injuries Act 2017; medical dispute about treatment (bilateral shoulder surgery and 8 chiropractic sessions) and review of assessment under section 7.26; original assessment by Medical Assessor Truskett (MA); Held – bilateral shoulder surgery not related to the accident and chiropractic treatment related but not reasonable and necessary; reasons given in Gatt (No 2); Certificate of MA confirmed. |
| DETERMINATIONS MADE: | CERTIFICATE OF DETERMINATION Issued under Division 7.5 of the Motor Accident Injuries Act 2017 The Review Panel confirms the certificate of Medical Assessor Truskett dated 9 March 2022 and certifies that: 1. the left and proposed right shoulder surgery is not related to the accident, and 2. the chiropractic treatment requested on 17 February 2020 is related to the accident but is not reasonable and necessary. A statement setting out the Panel’s reasons for the assessment is included with the certificate in proceedings R-M10535991/22. |
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