On 8 December 2023, the Personal Injury Commission (PIC) published its decision in Ghaznawi v Allianz Australia Insurance Limited  NSWPICMP 603.
The Claimant was injured in a motor accident on 3 February 2019 whilst boarding a bus. The rear doors closed on her, without warning and she was thrown onto her right side, hitting the side of the bus as she fell. The Claimant sustained a range of soft tissue injuries, but also alleged fractured right ribs.
The Insured determined that the Claimant only sustained threshold injuries given that there was no imaging to confirm the fractured ribs she alleged. An x-ray of the Claimant’s chest showed no rib deformity. The Claimant did not undergo a CT scan because she was pregnant.
A PIC Medical Assessor agreed with the Insurer that the Claimant only sustained threshold injuries because the Claimant’s rib fractures were not confirmed.
The Medical Review Panel accepted that the Claimant sustained fractured ribs as a consequence of the accident because:
The Medical Review Panel therefore confirmed that the accident caused non-threshold injuries in the form fractured ribs.
The decision in Ghaznawi v Allianz Australia Insurance Limited reminds us that the PIC Medical Assessors will look at all the evidence to determine what injuries a Claimant sustained.
In this claim, a CT scan would have provided strong evidence – one way or the other – regarding whether the Claimant fractured her ribs. The Claimant was not able to undergo a CT scan, however, because she was pregnant. A less conclusive x-ray did not confirm any fractured ribs.
That, however, was not the end of the matter. The Medical Review Panel looked at all the evidence – including the opinion of hospital staff specialists – and concluded there was sufficient clinical evidence to demonstrate fractured ribs.
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 Principal Peter Hunt
On 1 December 2023 the Personal Injury Commission (PIC) released its decision in Hall v Insurance Australia Limited t/as NRMA Insurance  NSWPIC 617.
In QBE Insurance (Australia) Limited v Lay  NSWSC 1433, the matter before the Supreme Court was the insurer's application for judicial review of the Merit Reviewer's decision and the President's Delegate's decision regarding the claimant's entitlement to extended weekly payments under s 3.12 of the Motor Accident Injuries Act 2017 (NSW).