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ARTICLE · 27 APRIL 2010

MAS Referrals Cannot Be Confined So As To Exclude Consideration Of Causation

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Mr Mills alleged that he injured his back in a motor accident which occurred on 10 April 2000. This was disputed by the Nominal Defendant and the matter was referred to MAS. In December 2003 a MAS Assessor made a finding that no back injury was caused by the accident.

AustraliaInsurance
Andrew Gorman
Andrew Gorman

Motor Accidents Authority of NSW v Mills [2010] NSWCA 82

NSW Court of Appeal1

In Brief

  • A Court or Claims Assessor does not have the power to bind a Medical Assessor on the issue of causation.
  • A certificate under Pt 3.4 of the Act of the degree of permanent impairment of the injured person as a result of the injury caused by the motor accident is conclusive evidence of the degree of that permanent impairment and its causation by the motor accident.

Background

Mr Mills alleged that he injured his back in a motor accident which occurred on 10 April 2000. This was disputed by the Nominal Defendant and the matter was referred to MAS. In December 2003 a MAS Assessor made a finding that no back injury was caused by the accident.

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