Rotella v AAI Ltd a/s AAMI

Case [2025] NSWPICMP 451


DETERMINATION OF REVIEW PANEL

CITATION:

Rotella v AAI Ltd a/s AAMI [2025] NSWPICMP 451

CLAIMANT:

Mario Rotella

INSURER:

AAI Ltd t/as as AAMI

REVIEW PANEL

MEMBER:

John Harris

MEDICAL ASSESSOR:

Shane Moloney

MEDICAL ASSESSOR:

Margaret Gibson

DATE OF DECISION:

11 April 2025

CATCHWORDS:

MOTOR ACCIDENTS – Motor Accidents Compensation Act 1999; accident in May 2017; minor rear end collision; chronic pre-existing cervical and lumbar spine symptoms; 40 distinct medical disputes on treatment and care before the Panel; absence of contemporaneous complaint and reference in claim form to lumbar injury; minor nature of accident; finding of no injury to the lumbar spine; Norrington v QBE Insurance (Australia) Ltd and Bugat v Fox referred to; complaint of increase in cervical spine symptoms within a week of motor accident; no pathological changes; physiotherapy over three months relieved condition; bilateral shoulder condition caused by neck injury; finding made that the accident caused a three months increase in cervical spine and shoulder symptoms; Held – Medical assessment revoked; findings made of reasonable and necessary and causation in respect of the 40 medical disputes.

DETERMINATIONS MADE:  

1.     The Review Panel revokes the certificate of Medical Assessor Shahzad dated 3 June 2024 and issues a new certificate determining that the following treatment and care for a period of three months:

·        general practitioner (GP) consultations monthly for the cervical spine and bilateral shoulders;

·        radiological scans for the cervical spine and shoulders;

·        pain killing medication for the cervical spine and shoulders, and

·        physiotherapy for the cervical spine and shoulders;

is reasonable and necessary in the circumstances.

2.     The following treatment and care for a period of three months:

·        GP consultations monthly for the cervical spine and bilateral shoulders;

·        radiological scans for the cervical spine and shoulders;

·        pain killing medication for the cervical spine and shoulders, and

·        physiotherapy for the cervical spine and shoulders;

relates to the injury caused by the motor accident

REASONS

BACKGROUND

  1. Mr Mario Rotella (the claimant) was involved in a motor accident on 26 May 2017. Mr Rotella was stationary in his motor vehicle when it was rear-ended by the insured vehicle.

  2. The insurer is liable to pay Mr Rotella any damages under the Motor Accidents Compensation Act 1999 (the MAC Act).

  3. There are multiple treatment medical disputes before the Panel. These disputes are set out later in these reasons.

  4. A medical assessment matter is determined in accordance with Part 3.4 of the MAC Act. This means that the matter is determined at first instance by a Medical Assessor[1] and, pursuant to s 63 of the MAC Act, on review by a review panel.

    [1] Section 60 of the MAC Act.

  5. The medical disputes were referred to Medical Assessor Shahzad who issued a Medical Assessment Certificate dated 3 June 2024 (the Medical Assessment Certificate).[2] The Medical Assessor noted the development of tremors and other neurological abnormalities in mid-2023. The reasons on the motor accident causing any injuries were:[3]

    “I note that the claimant had a long history…

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[2025] NSWPICMP 451
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CaseChat Overview and Summary

Rotella, the appellant, was involved in a minor rear-end collision in May 2017 and subsequently brought a claim under the Motor Accidents Compensation Act 1999. The respondent, AAMI, disputed the claim, leading to a hearing before the Motor Accident Insurance Commission where 40 medical disputes were presented. The appellant alleged exacerbation of pre-existing cervical and lumbar spine symptoms, while the respondent contested the claims and sought to revoke the medical assessment made by the appellant's treating doctor.

The key legal issues before the court were whether the accident caused or exacerbated the appellant's lumbar spine and cervical spine symptoms, and if the treatment provided was reasonable and necessary. The court examined the evidence and expert opinions, considering the absence of a contemporaneous complaint about the lumbar injury and the minor nature of the accident. The court referenced previous cases, Norrington v QBE Insurance (Australia) Ltd and Bugat v Fox, to assist in its determination.

The court found that there was no injury to the lumbar spine, as the appellant had not complained of lumbar symptoms at the time of the accident and there was no reference to a lumbar injury in the claim form. However, the court did find that the appellant's cervical spine symptoms had worsened within a week of the accident, despite there being no pathological changes. The court considered the physiotherapy treatment provided, which relieved the appellant's condition over a three-month period, and found that the accident had caused a three-month increase in cervical spine and shoulder symptoms. The court revoked the medical assessment and made findings in respect of the 40 medical disputes, ruling that the treatment was reasonable and necessary and that the accident had caused the exacerbation of symptoms.

The court's final order was that the medical assessment was revoked, and findings were made in respect of the 40 medical disputes, with the determination that the accident caused a three-month increase in cervical spine and shoulder symptoms. The court did not make a finding of injury to the lumbar spine.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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