Todev v AAI Limited t/as GIO [2023] NSWSC 836

Todev v AAI Limited t/as GIO [2023] NSWSC 836

The medical assessor failed to disclose his reasoning process and to independently resolve the medical dispute as required by law, impermissibly adopting one expert's opinion, failing to address causation or explain the remission of conditions, and failing to consider whether the accident aggravated or exacerbated pre-existing conditions. These failures amounted to material error, leading to the setting aside of both the medical assessment and the review determination.

Jurisdiction
Australia
Judgment Date
17 July 2023
Procedural Posture
Judicial Review / Final Judgment
Outcome
medical assessment and review determination set aside; remitted for new assessment; costs awarded
Legal Topics
['motor Accidents Compensation Act 1999 (nsw)' 'judicial Review' 'medical Assessment' 'whole Person Impairment' 'procedural Fairness']
['administrative Law' 'personal Injury'] ['motor Accidents Compensation Act 1999 (nsw)' 'judicial Review' 'medical Assessment' 'whole Person Impairment' 'procedural Fairness']

Case Brief

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Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether the medical assessor applied the correct test for causation' 'Whether adequate reasons and the reasoning path were provided by the medical assessor' "Whether the President's delegate engaged with the plaintiff's arguments and complied with s 63" 'Whether material error was established in the medical assessment and review determination']

Ratio Decidendi

The medical assessor failed to disclose his reasoning process and to independently resolve the medical dispute as required by law, impermissibly adopting one expert's opinion, failing to address causation or explain the remission of conditions, and failing to consider whether the accident aggravated or exacerbated pre-existing conditions. These failures amounted to material error, leading to the setting aside of both the medical assessment and the review determination.

Court Disposition

medical assessment and review determination set aside; remitted for new assessment; costs awarded

Orders

  • ['Declaration that the 10 March 2022 review determination is void and of no effect' 'Declaration that the 18 November 2021 medical assessment is void and of no effect' 'Both the review determination and medical assessment set aside' 'Matter remitted to President of the Personal Injury Commission for determination by...