Pursuant to s 1.6(1)(b) of the Motor Accident Injuries Act 2017 and cl 4(2) of the Motor Accident Injuries Regulation 2017, an above-threshold psychiatric injury is any recognised psychiatric injury other than an Acute Stress Disorder or an Adjustment Disorder.
In the 21 September 2023 decision of Aleksic v AAI Limited t/as GIO  NSWPICMP 466, the Personal Injury Commission was required to assess whether the subject accident caused a threshold psychiatric injury in circumstances where:
At first instance, a Medical Assessor diagnosed a Persistent Depressive Disorder (PDD) which pre-dated the accident. The Medical Assessor found that the subject accident aggravated the PDD but did not cause it. He therefore certified that the subject accident only caused a threshold psychiatric injury.
The Claimant successfully applied for the dispute to be referred to the Medical Review Panel.
The medical members of the Review Panel found that:
The Review Panel concluded that the subject accident caused an above-threshold psychiatric injury because:
The decision in Aleksic v AAI Limited t/as GIO  NSWPICMP 466 acts as a reminder that in threshold injury disputes, a motor accident does not need to be the sole cause – or even the predominant cause – of the relevant medical condition.
To demonstrate an above-threshold injury, the Claimant need only demonstrate that the accident aggravated, accelerated or exacerbated an above-threshold injury.
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 today.
Section 596A of the Corporations Act (Act) provides for the summoning of a person (officers and former officers) for examination about a company's affairs when the company is, in summary terms, under administration, being restructured or wound up.