Australia, June 16 -- New South Wales Land and Environment Court issued text of the following judgement May 16:

1. Mr Maythem Kamel Abdal, the plaintiff, seeks judicial review in this Court of two decisions arising out of a medical assessment in the Personal Injury Commission of New South Wales (PIC) in relation to a medical dispute about a claim based on injuries suffered by the plaintiff in a two-car collision, for which the plaintiff was not at fault.

2. The plaintiff's original summons for judicial review was filed on 18 September 2024. The first defendant, the insurer of the at fault driver, is Insurance Australia Limited trading as NRMA Insurance (NRMA). NRMA has accepted liability for the accident. The second defendant is the President of the PIC and the third defendant, the medical assessor appointed by the President of the PIC, is Dr Alexey Sidorov whose medical assessment decision is the first decision challenged in these proceedings. The original summons also included a fourth defendant, Ms Ashley Payne, the President's delegate who made the decision to refuse the plaintiff's application for a review of Dr Sidorov's medical assessment. This is the second decision challenged by the plaintiff.

3. The plaintiff filed an amended summons on 21 October 2024 by which the fourth defendant was removed as a party.

4. The second and third defendants filed submitting appearances. Consequently, the only active party is the first defendant, NRMA.

5. The present case turns on the application of the Psychiatric Impairment Rating Scale (PIRS) used for the assessment of whole person impairment, or WPI, under both the motor accident injury and workers' compensation schemes in New South Wales. The area of functional impairment under the PIRS relevant for present purposes is described as "concentration, persistence and pace".

Background

6. The background to the present proceedings was not in dispute and may be summarised as follows. On 22 June 2021, the plaintiff was involved in a motor vehicle accident while he was driving in the course of his employment as an accounts manager with a business called Pain Away. He was proceeding through a roundabout turning right when the car behind him went over the roundabout and T-boned him on the driver's side. His car was written off.

7. The plaintiff stated that, immediately after the collision, he was in shock and sat in his car in a dazed and confused state, he felt back pain and sustained a bruise above and over his right eyebrow. No significant injuries were identified as a result of X-rays, MRI and CT scans conducted at hospital shortly after the accident. Some days later, when he consulted his general practitioner, the plaintiff was experiencing back pain as well as headaches and neck pain. He was referred for physiotherapy for his neck and lower back pain which led to some improvement.

8. The plaintiff was initially off work for some weeks then returned to modified duties. He ceased work in about November 2022.

9. The plaintiff also said that after the accident he developed a significant fear of driving and when reminded of the accident he would feel more depressed with reduced energy and motivation and felt generally negative. He stated that his anxiety would be triggered by, for example, seeing P plates on cars, as the driver who crashed into him had P plates on his vehicle. The plaintiff described being more irritable and angry as well as more on edge, hypervigilant and easily startled with disturbed sleep. He started seeing a psychologist on a fortnightly basis which he found somewhat helpful and he was also prescribed medication by a psychiatrist, Dr Chow.

10. Given the circumstances in which the accident occurred, the plaintiff had entitlements under both Motor Accident Injuries Act 2017 (NSW) (MAI Act) and the workers' compensation legislation.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196d262b662a917ee7d5232d)

Disclaimer: Curated by HT Syndication.