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ARTICLE · 27 JUNE 2022

Insurance: Case Note: Lynch v AAI Limited t/as AAMI [2022] NSW PICMP 6

Holman Webb
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The claimant bears the onus of proving that the motor accident injury was a non-minor injury for the purposes of the Act.

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Stephanie Davis
Stephanie Davis
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Review Panel: Principal Member John Harris, Dr Brian Parsonage and Dr Michael Hong

Important takeaways:

  • A diagnosis of an Adjustment Disorder cannot be made if the stress related disturbance meets the criteria for another mental disorder.
  • A psychiatric diagnosis in remission may be found to be a non-minor injury.
  • The Claimant bears the onus of establishing that their injury is a non-minor injury.

Facts

In Lynch v AAI Limited t/as AAMI [2022] NSWPICMP 6, the Claimant, a traffic controller, sustained injuries in a motor vehicle accident on 5 June 2019. A dispute arose as to whether her psychological injuries were minor or non-minor, and her claim was referred for a Minor Injury Dispute.

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