D’Ament v Allianz Australia Insurance Ltd [2018] NSWSC 1371

D’Ament v Allianz Australia Insurance Ltd [2018] NSWSC 1371

The Panel lawfully performed its statutory task by considering the claimed left shoulder injury as one of the asserted injuries and separately considering whether left shoulder impairment arose from cervical spine symptoms under Nguyen. Its certificate disclosed the documents reviewed and a sufficient reasoning path for concluding that contemporaneous evidence did not support accident-related left shoulder impairment before March 2011 and that the later shoulder condition was capsulitis unrelated to the motor accident. The Panel did not deny procedural fairness or breach the guidelines by declining a clinical examination, because its members could reasonably conclude from the records and...

Jurisdiction
Australia
Judgment Date
02 October 2018
Procedural Posture
Judicial Review of Review Panel Medical Assessment Under S 69 of the Supreme Court Act 1970 (nsw) / Principal Judgment on Plaintiff's Summons
Outcome
The plaintiff's summons was dismissed and the plaintiff was ordered to pay the first defendant's costs.
Legal Topics
['medical Assessment Review Panel' 'whole Person Impairment' 'causation of Impairment' 'procedural Fairness' 'clinical Examination' 'motor Accidents Medical Guidelines']
['administrative Law' 'motor Accidents Compensation' 'judicial Review'] ['medical Assessment Review Panel' 'whole Person Impairment' 'causation of Impairment' 'procedural Fairness' 'clinical Examination' 'motor Accidents Medical Guidelines']

Case Brief

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Procedural Posture

Judicial Review of Review Panel Medical Assessment Under S 69 of the Supreme Court Act 1970 (nsw) / Principal Judgment on Plaintiff's Summons

Legal Issues

  1. 1 ["Whether the Review Panel failed to consider, deal with or engage with the plaintiff's substantive case on causation, including Dr Assem's report of 8 August 2016." 'Whether the Review Panel failed to perform its statutory task by applying a test for permanent impairment contrary to law.' 'Whether the Review Panel failed to apply the required guidelines to the assessment of permanent impairment.' 'Whether the Review Panel was required to conduct a clinical examination of the plaintiff.']

Ratio Decidendi

The Panel lawfully performed its statutory task by considering the claimed left shoulder injury as one of the asserted injuries and separately considering whether left shoulder impairment arose from cervical spine symptoms under Nguyen. Its certificate disclosed the documents reviewed and a sufficient reasoning path for concluding that contemporaneous evidence did not support accident-related left shoulder impairment before March 2011 and that the later shoulder condition was capsulitis unrelated to the motor accident. The Panel did not deny procedural fairness or breach the guidelines by declining a clinical examination, because its members could reasonably conclude from the records and...

Court Disposition

The plaintiff's summons was dismissed and the plaintiff was ordered to pay the first defendant's costs.

Orders

  • ["The plaintiff's summons is dismissed." "The plaintiff pay the first defendant's costs of these proceedings."]