Lu v AAI Ltd t/as AAMI [2019] NSWSC 368

Lu v AAI Ltd t/as AAMI [2019] NSWSC 368

There is no requirement under MACA or its guidelines for all review panel members to conduct the physical examination; procedures are for the panel to decide. The review panel's reasoning for its conclusions was disclosed and sufficient. The assessment outcomes regarding the cervical spine and left shoulder were based on evidence and the claimant's own description, and did not amount to error of law or jurisdictional error.

Parties
Plaintiff: Weiping Lu; First Defendant: AAI Ltd t/as AAMI; Second Defendant: State Insurance Regulatory Authority; Third Defendant: Michael Couch, Mohammed Assem and Richard Crane as the appointed review panel
Jurisdiction
Australia
Judgment Date
11 April 2019
Procedural Posture
Judicial Review / Final Determination
Outcome
Summons dismissed
Legal Topics
Motor Accidents Compensation, Judicial Review of Medical Assessment, Permanent Impairment Assessment
Administrative Law Personal Injury Motor Accidents Compensation Judicial Review of Medical Assessment Permanent Impairment Assessment

Case Brief

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Parties

Weiping Lu

Plaintiff

AAI Ltd t/as AAMI

First Defendant

State Insurance Regulatory Authority

Second Defendant

Michael Couch, Mohammed Assem and Richard Crane as the appointed review panel

Third Defendant

Procedural Posture

Judicial Review / Final Determination

Legal Issues

  1. 1 Whether the review panel breached s 63 of the Motor Accidents Compensation Act 1999 (NSW) by having only two of three members conduct physical examination
  2. 2 Whether the review panel erred in assessing cervical spine and shoulder impairments
  3. 3 Whether the review panel failed to provide adequate reasons for its assessment

Ratio Decidendi

There is no requirement under MACA or its guidelines for all review panel members to conduct the physical examination; procedures are for the panel to decide. The review panel's reasoning for its conclusions was disclosed and sufficient. The assessment outcomes regarding the cervical spine and left shoulder were based on evidence and the claimant's own description, and did not amount to error of law or jurisdictional error.

Court Disposition

Summons dismissed

Orders

  • The summons is dismissed
  • The plaintiff is to pay the first defendant's costs