NSW Personal Injury Commission

MOTOR ACCIDENTS — Motor Accident Injuries Act 2017 — settlement approval — claimant was injured on 17 July 2025 — claimant was working part time at the time of the accident — claimant is aware this approval resolves his common law damages…

WORKERS COMPENSATION — Workers Compensation Act 1987 — claim for C5/6 disc decompression and disc replacement surgery and weekly benefits — respondent accepted liability for injury although disputes that injury on 19 September 2024…

WORKERS COMPENSATION — Workers Compensation Act 1987 — alleged knee injury in course of employment — claim for costs of knee surgery — dispute as to injury and whether claimed treatment reasonably necessary as the result of an injury…

WORKERS COMPENSATION — Workers Compensation Act 1987 (1987 Act) — Workplace Injury Management and Workers Compensation Act 1998 (1998 Act) — dispute in respect to injury sustained to both shoulders — consequential conditions of both…

WORKERS COMPENSATION — Workers Compensation Act 1987 — claim for lump sum compensation pursuant to section 66 for impairment to the lumbar spine — respondent denies injury — section 4 — Hancock v East Coast Timber Products Pty Ltd, Castro…

MOTOR ACCIDENTS — Motor Accident Injuries Act 2017 — whether accident caused wholly or mostly by the fault of the claimant — accident occurred when claimant attempted to merge lanes — Podrebersek v Australian Iron & Steel Pty Ltd…

MOTOR ACCIDENTS — Motor Accident Injuries Act 2017 — settlement approval — claimant crossing a roadway with a green arrow when the insured ran a red light colliding with the claimant causing injuries to his right knee, elbow, foot and arm…

MOTOR ACCIDENTS — Motor Accident Injuries Act 2017 — settlement approval under section 6.23(2)(b) — accident as bike rider in January 2026 — claimant sustained dental injuries and lumbar spine pain — short time off work — returned to work…

WORKERS COMPENSATION — Workers Compensation Act 1987 — subject matter of decision: applicant was claiming section 60 expenses for treatment of migraine headaches and bilateral arm symptoms following a work accident where he was flung from…

WORKERS COMPENSATION — Workers Compensation Act 1987 — section 60 — injury — consequential condition — State of New South Wales v Bishop, Kooragang Cement Pty Ltd v Bates, Trustees of the Roman Catholic Church for the Diocese of…

WORKERS COMPENSATION — Workers Compensation Act 1987 — applicant was injured at work when he fell 1.8 metres from a ladder onto concrete — applicant had pre-existing degenerative changes — the Commission found that his condition was…

MOTOR ACCIDENTS — Motor Accident Injuries Act 2017 — settlement approval — claimant riding his Vespa Motor Scooter when he says the insured driver turned across into his path — although insured’s version was the claimant rode through a…

WORKERS COMPENSATION — Workers Compensation Act 1987 — disputed right knee condition as a result of accepted left knee injury in 2013 — applicant’s claim in 2020 for cervical spine, lumbar spine, left shoulder, right shoulder, bilateral…

MOTOR ACCIDENTS — Motor Accident Injuries Act 2017 — damages assessment — injuries exceed 10% whole person impairment (WPI) — credibility and veracity of claimant as to capacity — requirement for osteotomy — psychological injury — major…

MOTOR ACCIDENTS — Motor Accident Injuries Act 2017 — settlement approval — claimant was injured on 2 March 2024 — The claimant was working at the time of the accident — claimant is aware this approval resolves his common law damages claim…

WORKERS COMPENSATION — Workers Compensation Act 1987 — industrial deafness — noisy employer — ‘tendencies, incidents or characteristics’ hearing aids — section 60 — section 17 — whether employment with first respondent was noisy — whether…

WORKERS COMPENSATION — Workers Compensation Act 1987 — respondent relies upon the section 11A defence, with the relevant conduct being limited to performance appraisal — Held — the causative conduct falls outside the parameters of…

WORKERS COMPENSATION — Workers Compensation Act 1987 — applicant disputed calculation of his pre-injury average weekly earnings (PIAWE) — applicant was injured on his first day of work — Schedule 3 of the Act and Regulation 8F of the…

WORKERS COMPENSATION — Workers Compensation Act 1987 — claim under section 25(1) for lump sum death benefit — deceased worker died in a truck crash while enroute to deliver produce for employer — whether injury arising out of or in the…

WORKERS COMPENSATION — Workers Compensation Act 1987 — whether the applicant suffered consequential condition to his left shoulder as a result of accepted injury to the right shoulder on 25 August 2023 — the value of contemporaneous…

WORKERS COMPENSATION — Workers Compensation Act 1987 — hip injury — osteoarthritis — disease — aggravation, acceleration, exacerbation or deterioration — sections 4, 9A, and 60 — left hip total replacement — claim for cost of left total…

WORKERS COMPENSATION — Workers Compensation Act 1987 — section 60 — undisputed workplace injury to applicant worker’s lumbar spine — request for spinal fusion surgery at L4/5 — surgery contended to be reasonably necessary as a result of…

WORKERS COMPENSATION — Workers Compensation Act 1987 — claim for lump sum payment for whole person impairment (WPI) for injury to the right upper extremity and neck and/or consequential conditions affecting the right upper extremity and…

WORKERS COMPENSATION — Workers Compensation Act 1987 — weekly compensation and permanent impairment — accepted neck injury. Left shoulder injury and lumbar spine consequential condition disputed — applicant suffered an accepted neck…

WORKERS COMPENSATION — Workers Compensation Act 1987 — psychological injury — weekly compensation and medical expenses — whether applicant suffered a psychological injury as alleged — if so, whether applicant is incapacitated as alleged…

WORKERS COMPENSATION — Workers Compensation Act 1987 — applicant alleged incapacity arising from an injury in the respondent’s employ on 26 April 2018 — applicant sought a finding regarding causation and an order that proposed surgery was…

MOTOR ACCIDENTS — Motor Accident Injuries Act 2017 — settlement approval — claimant front seat passenger when insured driver lost control of the vehicle and crashed into a brick wall trapping the claimant — claimant 86 years old with…

settlement approved in the amount of $21,322.00, consisting of nil non-economic loss, past economic loss of $1,322.00 and $20,000.00 for future economic loss.

finding made proposed treatment is reasonably necessary as a result of the workplace injury.

accident not caused wholly or mostly by the fault of the claimant.

award for the respondent for both causes of incapacity claimed by the worker.

MOTOR ACCIDENTS — Motor Accident Injuries Act 2017 — exemption from assessment — not suitable for assessment — complex legal or factual issues — issues of liability — section 7.34(1)(b) — Rule 99 Personal Injury Commission Rules — clause…

WORKERS COMPENSATION — Workers Compensation Act 1987 — Workplace Injury Management and Workers Compensation Act 1998 (1998 Act) — Personal Injury Commission Act 2020 (PIC Act) — left upper extremity and cervical spine injury assessed by…

MOTOR ACCIDENTS — Motor Accident Injuries Act 2017 — insurer’s application for discretionary exemption from assessment under section 7.34(1)(b) — insurer alleges fraud and misleading conduct in respect to the claimant’s damages — complex…

MOTOR ACCIDENTS — Motor Accident Injuries Act 2017 — claimant’s application for miscellaneous claims assessment — preliminary conference held to clarify dispute between parties — claimant injured in accident on country road involving…

WORKERS COMPENSATION — Workers Compensation Act 1987 (1987 Act) — Workplace Injury Management and Workers Compensation Act 1998 (1998 Act) — miscellaneous application seeking review of weekly payments — 260 weeks paid — whether payments…

WORKERS COMPENSATION — Workplace Injury Management and Workers Compensation Act 1998 — lump sum claim for accepted physical injuries and consequential sleep disorder — respondent disputed the consequential sleep disorder and disputed it…