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The Personal Injury Commission refuses an application for reconsideration

In the recent case of Gusavac v GPC Asia Pty Ltd [2022] NSWPIC 123, Member Michael Perry of the Personal Injury Commission (PIC) held that the reconsideration application (RA) to set aside the Certificate of Determination be declined and the application to refer the matter back to the Medical Assessor (MA) for reconsideration under section 329 of the Workplace Injury Management and Workers Compensation Act 1998 be refused. 
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Personal Injury Commission’s Medical Assessors have no power to determine a claim for medical expenses not incurred and not provided.

Obeid v AAI Ltd t/as AAMI [2022] NSWPICMP 76 This case looked at whether the Personal Injury Commission’s Medical Assessors had power to determine a claim for medical expenses not incurred and not provided.  
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What Counts As "Obvious Risk"?- Part 2

Two recent matters concerning the dangerous recreational activity (DRA) defence provide the insurance industry with parameters concerning the extent to which the DRA defence is available to insurers where obvious risks are involved.  
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What Counts As "Obvious Risk"? - Part 1

2021 was a precedent-setting year for litigation relating to dangerous recreational activities (DRAs) and the engagement of the dangerous recreational activity defence under section 5L of the Civil Liability Act 2002 (NSW).
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Members of the Personal Injury Commission are not bound by the rules of evidence, but they may be guided by it.

Mrs Nasr, the claimant, was injured in a car park, when Mr Fawcett (QBE’s Insured driver) collided with the left-hand side of her vehicle. The claimant then lost control of her vehicle, driving through a fence before colliding with a tree. 
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Conflicting medical evidence? Why a clear diagnosis of consequential worker injury is essential.

In the recent case of Grant v Dateline Imports Pty Ltd [2022] NSWPICPD 3, the President of the Personal Injury Commission (PIC) confirmed that a clear diagnosis supporting an alleged consequential condition would aid in discharging the worker’s onus of proving an entitlement to lump sum benefits pursuant to s 66 of the Workers Compensation Act 1987 (the 1987 Act).
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Proposed amendments to give the Personal Injury Commission power to control service providers

The proposed amendments to the Motor Accidents Injuries Act,Workers Compensation Act 1987, and the Workplace Injury Management and Workers Compensation Act 1998 would give the Personal Injury Commission (PIC) the power to exclude service providers who are overservicing and overcharging.
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Where interstate CTP policies do not respond, the NSW Nominal Defendant will pay statutory benefits

Each State has a different CTP Scheme, few covering the at fault driver. In NSW, the Nominal Defendant will pay statutory benefits in those circumstances.
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Proposed changes to the Motor Accident Injuries Act – what you need to know

Following the recommendation of Justice Fagan in AAI Limited v Singh1 the Motor Accidents and Workers Compensation Legislation Amendment Bill 2021 was tabled on 23 June 2021.
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Carving through the snow and landing in a lawsuit - NSW Supreme court considers skiing a ‘dangerous recreational activity’

Most of us would be aware of at least one or two celebrities killed or seriously injured in skiing accidents, such as Michael Schumacher and Sonny Bono.   But how dangerous is skiing really? Are these well known cases mere anomalies in an otherwise safe sport?   The Supreme Court recently grappled with a similar question, considering whether skiing is a “dangerous recreational activity” in light of statistical data which, arguably, suggested otherwise.  
  • 24 Mar 2021

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NSW Supreme Court reminds plaintiffs of requirements for claiming directly against liability insurers

In Count Financial Limited v Pillay[2021] NSWSC 99, Stevenson J of the Supreme Court of NSW examined whether leave under the Civil Liability (Third Party Claims Against Insurers) Act 2017 (theAct) should be granted to a plaintiff seeking to join an accountant’s professional indemnity insurer to proceedings.
  • 15 Mar 2021

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Footy player’s “spear tackle” negligence case gets a red card from the Court of Appeal

2020 has been a year of ”big hits” in the dangerous recreational activity space.   It has also been in a year in which our sportsmen have featured in the evening news, often for their off‑field behaviour.     The recent news that former England Rugby international, 42 year old Steven Thompson, has been diagnosed with early onset dementia, and is involved in a potential class action in relation to the repetitive head trauma he says gave rise to his condition; has sent shock waves through the sporting world.
  • 18 Dec 2020

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Releasing the hounds – Defining ‘recreational activity’

Horse racing may be the ‘sport of kings’, but greyhound racing can still hold court.  
  • 18 Sep 2020

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Win for insurers short-lived: NSW Court of Appeal overturns approach for addressing claims for luxury replacement vehicles

On 27 September 2019, we provided an update on the developments in the law relating to the vehicle hire industry, particularly exorbitant claims by plaintiffs for prestige (or luxury) replacement vehicles following vehicle accidents negligently caused by others.  A very recent NSW Court of Appeal decision has altered this position and we discuss the implications of the decision for the vehicle hire industry and insurers, below.
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Higher decisions for hire cars: addressing exorbitant claims for replacement vehicles

On 3 September 2019, Basten J of the NSW Supreme Court delivered appeal Judgments in three cases heard concurrently and (for the time being) confirmed the correct approach for assessing damages in claims for hire vehicle costs following an accident.  
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