On 15 December 2023, the Personal Injury Commission (PIC) released its decision in Dokoza v AAI Limited t/as GIO  NSWPICMP 626. The Claimant was involved in a motor vehicle accident on 2 September 2020.
The Claimant alleges sustaining a psychological injury as a result of the accident. The Insurer alleges the Claimant had only sustained a threshold injury. The matter proceeded to the Commission for determination of whether the Claimant sustained a threshold psychological injury.
A Medical Assessor determined the Claimant developed an adjustment disorder, which is a threshold injury under MAIA. The matter was referred to the Review Panel for assessment.
The Claimant was re-assessed by two Medical Assessors and the Review Panel accepted the accident caused significant pain and tremor which led to the development of Persistent Depressive Disorder, which is a non-threshold injury.
The Review Panel arrived at this diagnosis because the Claimant did not have any prior psychological history, there was no other explanation for the psychological symptoms except for the Claimant’s involvement in the accident and relied on the Claimant’s presentation and her history of the symptoms at their assessment of the Claimant.
The decision in Dokoza v GIO reminds us:
If you have a query relating to any of the information in this case note, or would like to discuss a similar matter of your own, please don’t hesitate to get in touch with CTP Insurance Special Counsel Helen Huang today.
On 8 December 2023, the Personal Injury Commission (PIC) published its decision in Ghaznawi v Allianz Australia Insurance Limited  NSWPICMP 603.
On 1 December 2023 the Personal Injury Commission (PIC) released its decision in Hall v Insurance Australia Limited t/as NRMA Insurance  NSWPIC 617.