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ARTICLE · 03 NOVEMBER 2010

Failure to request re-examination by MAS Review Panel is acquiescence to the Review Panel process

Curwoods Lawyers
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A plaintiff acquiesces to the Review process where there is a failure to request a reexamination by the Review Panel to challenge the earlier assessor's clinical findings.

AustraliaInsurance
Philippe Paquet
Philippe Paquet

Judgment date: 29 October 2010

Bratic v Motor Accidents Authority and Ors [2010] NSWSC

Supreme Court of NSW1

In Brief

  • Delay is not determinative in the Court's exercise of its discretion under s 69 of the Supreme Court Act 1970.
  • A plaintiff acquiesces to the Review process where there is a failure to request a reexamination by the Review Panel to challenge the earlier assessor's clinical findings.

Background

In September 2006 the plaintiff was injured in a motor vehicle accident. Liability was admitted.

The plaintiff allegedly suffered injuries to her right shoulder, neck and back. The plaintiff subsequently underwent MAS Assessment with Assessor Tai Tak Wan to determine the degree of permanent physical impairment. In a MAS Certificate dated 30 July 2008, Assessor Wan found the degree of permanent impairment of the cervical and thoracic spines was 0%, though he determined the injury to the right shoulder gave rise to a whole person impairment of

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