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ARTICLE · 27 JUNE 2022

Insurance: Case Note: David v Allianz Australia Insurance Ltd [2021] NSWPICMP 227

Holman Webb
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Scan evidence was consistent with degenerate disc pathology aggravated by the accident - a minor motor accident injury.

AustraliaInsurance
Stephanie Davis
Stephanie Davis
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Review Panel: Principal Member John Harris, Dr Geoffrey Stubbs and Dr Shane Maloney

Important takeaways:

  • Radiculopathy does not need to be present at the time of the Assessment. It is sufficient that radiculopathy is confirmed as per Section 5.8 of the Guidelines at any time following the accident.
  • Annular tears not will be attributed to an accident merely because there is no history of back pain or pre-existing pathology.

Facts

In David v Allianz Australia Insurance Ltd [2021] NSWPICMP 227, the subject motor vehicle accident, an intersection collision, occurred on 15 November 2019. The Claimant did not have a history of back complaints. At the time he was assessed by the Review Panel he was 43 years old. They noted he previously worked as a courier driver.

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