| DETERMINATION OF REVIEW PANEL | |
CITATION: | Tawk v QBE Insurance (Australia) Ltd [2025] NSWPICMP 530 |
CLAIMANT: | Charbel Tawk |
INSURER: | QBE Insurance (Australia) Ltd |
REVIEW PANEL | |
MEMBER: | Alexander Bolton |
MEDICAL ASSESSOR: | Shane Moloney |
MEDICAL ASSESSOR: | Thomas Rosenthal |
DATE OF DECISION: | 22 July 2025 |
CATCHWORDS: | MOTOR ACCIDENTS – Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); initial assessment by Medical Assessor assessed the claimant as having 9% whole person impairment (WPI) which, together with a certificate from another Medical Assessor (MA) gave a combined assessment of 11% WPI; review sought by the insurer; claimant alleged injuries to his cervical spine, right hip, thoracic spine, lumbar spine and right ankle; claimant made no complaint about his right ankle until after he suffered a fall at his home down some steps and thereafter sought medical treatment resulting in immediate surgery; Held – Review Panel not satisfied that the right ankle injury arose as a result of the accident; Review Panel assessed the claimant as having 0% WPI; Review Panel revoked the initial MAC and the combined MAC and issued a new combined MAC for a total WPI of 2%. |
DETERMINATIONS MADE: | 1. The Panel revokes the certificate and reasons of Medical Assessor Bodel dated 2. As a result of the accident the claimant suffered the following injuries: (a) cervical spine – soft tissue injury; (b) right hip – soft tissue injury; (c) thoracic spine – soft tissue injury, and (d) lumbar spine – soft tissue injury. 3. The Panel is not satisfied that the claimant suffered injury to his right ankle in the accident. 4. The Panel has assessed the claimant’s whole person impairment at 0%. 5. The Panel revokes the Combined Certificate of Medical Assessor Curtin dated (a) Certificate of this Panel of 0% whole person impairment: (i) cervical spine – soft tissue injury; (ii) right hip – soft tissue injury; (iii) thoracic spine – soft tissue injury, and (iv) lumbar spine – soft tissue injury. (b) Certificate of Medical Assessor Curtin dated 8 October 2023 for assessment of 2% whole person impairment: (i) scarring to the claimant’s right ankle 6. Using the Combined Values chart at page 322 of the American’s Medical Association Guides to the Evaluation of Permanent Impairment, 4th Edition, the combined impairment is 2%. |
STATEMENT OF REASONS
INTRODUCTION
The insurer seeks a review of the decision of Medical Assessor Bodel dated
5 March 2024.The Medical Assessor found the following injuries caused by the motor accident gave rise to a permanent impairment of 9%:
(a) cervical spine – soft tissue injury;
(b) right ankle – appearances of a sub-acute on chronic syndesmotic injury. there is a sub-acute on chronic syndesmotic injury, partial-thickness tear involving the malleolar insertion of the anterior talofibular ligament (atfl);
(c) right hip – soft tissue injury;
(d) thoracic…
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- Case
- [2025] NSWPICMP 530
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the Review Panel was correct in its assessment of the claimant's WPI, particularly regarding the claimant's right ankle injury. The claimant alleged that the right ankle injury arose from the accident, while the insurer argued otherwise. The Review Panel ultimately determined that the right ankle injury did not result from the accident and assessed the claimant's WPI at 0% for the right ankle. The Review Panel revoked the initial and combined MACs and issued a new combined MAC with a total WPI of 2%.
The court considered the evidence presented, including medical reports and the claimant's history of complaints and treatment. The Review Panel's findings were based on the claimant's failure to report the right ankle injury until after a fall at home, leading to the conclusion that the injury did not arise from the accident. The court upheld the Review Panel's decision, affirming the new combined MAC of 2% WPI. The claimant's appeal against the decision was dismissed.
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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