| DETERMINATION OF REVIEW PANEL | |
| CITATION: | Simonds v QBE Insurance (Australia) Limited [2023] NSWPICMP 551 |
| CLAIMANT: | Cassandra Simonds |
| INSURER: | QBE Insurance Australia Ltd |
| REVIEW PANEL | |
| MEMBER: | Terence Stern OAM |
| MEDICAL ASSESSOR: | Mohammed Assem |
| MEDICAL ASSESSOR: | Geoffrey Stubbs |
| DATE OF DECISION: | 2 November 2023 |
| CATCHWORDS: | MOTOR ACCIDENTS – Motor Accident Injuries Act 2017; medical assessment of whole person impairment (WPI); Medical Assessor (MA) determined that claimant had WPI of 7%; review application by the claimant under section 7.26; claimant alleged injuries to her shoulders, neck, and low back in a motor accident on 19 July 2019; Held – determination that the Certificate of MA Hyde-Page, that the injury did not give rise to WPI of greater than 10%, be confirmed. . |
| DETERMINATIONS MADE: | CERTIFICATE OF DETERMINATION 1. The Review Panel confirms the Certificate of Medical Assessor Murray Hyde-Page of 2. The Review Panel certifies that the claimant’s injury does not give rise to whole person impairment of greater than 10%. |
STATEMENT OF REASONS
INTRODUCTION
BACKGROUND
Ms Simonds (the claimant) was born in May 1992.
On 19 July 2019, the claimant was the front seat passenger, wearing a seatbelt in a Land Cruiser, when the driver lost control, the vehicle slid off a 3m bridge, landed on its nose, and then flipped onto its roof.
The claimant alleged that she sustained injuries to her neck, back and shoulders. There was no direct blow to her head, but she gave a history that she did have transient loss of consciousness and loss of memory as to the details of the accident.
The claimant was taken by ambulance to Port Macquarie Base Hospital, where, after X-rays and observation, she was allowed home the next morning.
Diagnostic investigations indicated a lumbo-sacral disc protrusion with an annular tear.
Subsequently, the claimant was reviewed by a spinal surgeon and came to a L5/S1 micro discectomy on 29 January 2021.
On 23 December 2019, the claimant’s general practitioner (GP) referred her to Dr Raj Reddy, neurosurgeon, for opinion and management of complaints of ongoing cervical radiculopathy pains.
On 28 January 2020, the claimant’s GP referred her to Dr Michael Prowse, rheumatologist, for nerve conduction studies on the left arm/cervical spine.
On 17 September 2020, Dr Prowse opined that the claimant had an L5 radiculopathy and findings on CT scanning.
The claimant was referred to the Department of Neurosurgery at John Hunter Hospital (JHH), to which she was admitted on 4 November 2020.
The primary diagnosis, based on diagnostic investigations, was a posterior L5/S1 disc protrusion:
“…admitted… under the care of the neurosurgery team (Dr Edgar) for the investigation and management of back and leg pain. An MRI lumbar spine demonstrated the posterior L5/S1 disc protrusion without nerve root compression. She was managed non-operatively.”
On 1 December 2020, Dr Amanda Paterson, neurosurgical registrar, reported to the GP that, on examination, the claimant had a mildly weak right ankle plantar reflex, limited by a lot of pain. The MRI demonstrated an L5/S1 disc protrusion, abutting the S1…
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- Case
- [2023] NSWPICMP 551
- Decision Date
CaseChat Overview and Summary
The court was required to decide whether the MA's determination that Simonds' WPI was less than 10% was appropriate. The key legal issue was whether the MA had correctly applied the relevant statutory criteria in assessing Simonds' WPI and whether the evidence presented supported the MA's findings. The court examined the medical reports and other evidence provided to the MA, as well as the MA's reasoning and methodology in making the WPI assessment.
The court found that the MA, Hyde-Page, had followed a thorough and appropriate process in assessing Simonds' WPI. The MA had considered all relevant medical evidence and had applied the statutory criteria correctly. The court confirmed the MA's determination that Simonds' WPI was 7%, and thus did not exceed the 10% threshold. Simonds' review application was dismissed, and the court confirmed the MA's certificate.
As a result of the court's decision, Simonds' application for a review of the MA's WPI assessment was dismissed. The determination of the MA, that Simonds' WPI was 7%, was confirmed, and no further review was granted.
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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